How to File a FOIA Request: A Step-by-Step Guide

The Freedom of Information Act (FOIA) gives you the right to request records from any federal agency. Done right, a FOIA request is a powerful tool for accountability, journalism, litigation, and personal record-gathering. Done wrong, it disappears into a black hole. Here's how to do it right.

Step 1: Identify the Right Agency

FOIA covers federal executive-branch agencies only — not Congress, not the federal courts, and not state or local government. Each agency handles its own FOIA requests, so you need to identify which agency has the records you want. If more than one agency might have the records, send parallel requests.

For state and local records, use your state's public records law instead. In California, that's the California Public Records Act (CPRA). Most states have equivalents.

Step 2: Draft a Specific Request

Agencies routinely reject vague requests as "not reasonably described." A strong FOIA request:

Names specific records — memoranda, emails, contracts, reports, meeting minutes, correspondence with named individuals
Defines a date range — narrower is faster; too broad triggers "unduly burdensome" objections
Identifies custodians when possible — named officials, offices, or program areas
Uses the agency's own terminology — search for internal terms in agency reports before drafting
Cites the statute — "This is a request under the Freedom of Information Act, 5 U.S.C. § 552"

Step 3: Address Fees Up Front

Agencies can charge search, review, and duplication fees. In your request:

State a fee cap (e.g. "I agree to pay fees up to $50; please contact me before incurring higher costs")
Request a fee waiver if the records are in the public interest and you're not using them commercially — journalists, non-profits, and researchers often qualify
Request news-media, educational, or non-commercial requester status if applicable — these categories pay lower fees

Step 4: Submit Through the Right Channel

Most agencies now accept requests through FOIA.gov or their own web portal. Portal submissions are timestamped and tracked, which matters if you sue later. Email is a fallback; mail is a last resort. Keep a copy of the submitted request and any confirmation.

Step 5: Track the Deadline

Agencies have 20 working days to determine whether they'll comply, with a possible 10-day extension for unusual circumstances. That's a determination — not the release itself. Actual production can take months or years, but the 20-day clock is what unlocks your right to sue.

Step 6: Appeal Denials Administratively

If the agency denies your request, redacts heavily, or withholds records under an exemption, file an administrative appeal within the deadline set in the denial letter (typically 90 days). Appeals often reverse or narrow the initial denial and are a prerequisite to litigation.

Step 7: Sue When Necessary

You can file a FOIA lawsuit when:

The agency misses the 20-day determination deadline (constructive denial)
Your administrative appeal is denied
The agency's redactions or exemption claims are improper
The agency's search was inadequate

FOIA suits are filed in federal district court. If you substantially prevail, the court can order the agency to pay your attorney fees and costs — which is why many agencies release records shortly after a suit is filed.

Common Exemptions Agencies Overuse

Exemption 5 (deliberative process) — often stretched beyond genuine pre-decisional deliberations
Exemption 6 (personal privacy) — sometimes invoked to shield officials' work conduct
Exemption 7 (law enforcement) — sometimes claimed for records that aren't part of an active investigation
Exemption 4 (confidential commercial information) — expanded after Food Marketing Institute v. Argus Leader, but still overclaimed

When to Hire a FOIA Lawyer

Consider a FOIA attorney when:

Your request has been pending past the statutory deadline
The agency denied the request or your administrative appeal
Records were released with heavy redactions
The agency claims exemptions that don't fit the records
You need records for pending litigation or a time-sensitive story

How We Help

Javitch Law Office represents individuals, journalists, non-profits, and businesses in FOIA and state public records litigation. Because federal FOIA and many state laws include fee-shifting provisions, we can often pursue your case with attorney fees recovered from the agency. Learn more about our FOIA practice or contact us for a free consultation.

FAQ

How long does a FOIA request take?

Federal agencies must respond within 20 business days, but complex requests routinely take months or years. State public records laws under the California Public Records Act typically require a response within 10 days.

What does a FOIA request cost?

The first two hours of search time and the first 100 pages are usually free for non-commercial requesters. Media and educational requesters get broader fee waivers. You can also request a fee waiver in the public interest.

What if the agency ignores or denies my FOIA request?

You can file an administrative appeal, request mediation from the Office of Government Information Services, or sue in federal court. See our guide on what to do when a FOIA request is denied.