When you send a California Public Records Act (CPRA) request, the agency has 10 days from receipt to tell you whether it will release records. It can add up to 14 more days in “unusual circumstances” if it tells you in writing. There is no fixed deadline for actually handing the records over, only a duty to do it promptly. A new law, AB 1821, will change the count from calendar days to business days starting in 2027.
This guide explains how the days are counted, what an extension must say, what an agency owes you in a denial, and what you can do when the clock runs out.
TL;DR
- The agency must decide within 10 days of receipt whether your request covers disclosable records, and tell you its reasons. (Gov. Code § 7922.535)
- It may extend that by up to 14 days only with written notice that names the reason and a date for its determination.
- Producing the records has no fixed deadline. Courts look at the facts, so push for a firm production date in writing.
- AB 1821, approved September 30, 2026, switches the 10 and 14 days to business days. Until it takes effect, calendar days still apply.
- If the agency misses a deadline or denies you without proper reasons, a court petition is the enforcement route, and prevailing requesters are generally entitled to attorney’s fees.
Table of Contents
- The core rule: 10 days to make a determination
- How the days are counted today
- The 14-day extension and what it must say
- AB 1821: business days starting in 2027
- Deadline for producing the records
- What a denial has to include
- If the agency misses a deadline or refuses
- Deadlines for other kinds of claims are different
- Perspective: why we treat the clock as part of the case
- Need help enforcing a records request?
- A short checklist for tracking any request
- FAQ
- Sources
The core rule: 10 days to make a determination
Under Government Code § 7922.535(a), an agency must determine within 10 days of receiving your request whether it seeks disclosable records. It must then promptly notify you of that determination and the reasons for it (California Government Code § 7922.535).
Two points trip people up.
The 10 days is a decision deadline, not a delivery deadline. An agency that writes on day 9, “Yes, we have responsive records and will release them,” has met this deadline even if the records arrive weeks later. What matters is that the letter is a real determination: it says whether records exist and will be released, in whole or in part, and gives reasons for anything withheld.
A form acknowledgment is not a determination. A message saying “we received your request” does not answer the question the statute asks. If that is all you get by day 10, you have a deadline problem worth documenting.
How the days are counted today
Until AB 1821 takes effect, the 10 days are calendar days. Agency manuals describe the count the same way: day one is the day after receipt. The Los Angeles Department of Water and Power’s CPRA processing manual and the California High-Speed Rail Authority’s public records FAQ both follow that approach.
A worked example:
| Step | Date (example) |
|---|---|
| Request received | Monday, April 6 |
| Day 1 | Tuesday, April 7 |
| Day 10 (determination due) | Thursday, April 16 |
| Last day if a 14-day extension is properly noticed | Thursday, April 30 |
Weekends and holidays are included in that count under the current calendar-day rule.
When “received” is not the day you hit send
The starting date depends on when the agency treats the request as received. The High-Speed Rail Authority, for example, treats requests that arrive from 5:00 p.m. Friday through Sunday as received the following Monday, and holiday requests as received the next business day (HSR Authority FAQ). Policies vary by agency, so:
- Send requests early in the business day, on a weekday.
- Use the agency’s designated portal or email, and keep the confirmation.
- Save a screenshot or the sent message showing the timestamp.
- Note the agency’s stated receipt date in your calendar the day you get its acknowledgment.
The 14-day extension and what it must say
An agency may extend the 10-day period by up to 14 additional days in “unusual circumstances.” It must give you written notice explaining the reasons and the date it expects to make its determination (Gov. Code § 7922.535).
The statute lists what counts as unusual circumstances:
- Searching for records in separate facilities
- Examining a voluminous amount of distinct records
- Consulting with another agency or agency component that has a substantial interest
- Compiling data or constructing a computer report
- Being unable to access electronic systems because of a cyberattack
- Certain state-of-emergency conditions
What to check in an extension letter:
- Did it arrive before day 10 ended?
- Does it name one of the listed circumstances, or only say “we are busy”?
- Does it give a specific date for the determination, and is that date within 14 days of the original deadline?
Staff shortages and a busy week are not on the list. If the letter relies on them, say so politely in a reply and keep a copy.
AB 1821: business days starting in 2027
Assembly Bill 1821 was approved on September 30, 2026. It amends § 7922.535 so the determination period becomes 10 business days and the extension limit becomes 14 business days (AB 1821 bill text). A legal alert on the bill reports an effective date of January 1, 2027.
In practice, a request received on a Monday will have its tenth business day on the Monday two weeks later, instead of the Thursday of the following week. The outer limit with an extension grows from roughly three and a half weeks to about five.
For requests sent before the effective date, check the agency’s response against the rule in force when you filed. For requests sent after it, count business days and exclude weekends and agency holidays.
Deadline for producing the records
The statute sets a determination deadline, but not a clock for delivery. In 2026 the Fourth District Court of Appeal observed that the lack of a fixed production deadline avoids grafting rigid requirements onto the statute and favors a fact-specific approach balancing agency burden against the public’s right of access (MetNews report).
That means you need to ask for specifics:
- Ask for a date. “Please confirm the date the records will be released” turns a vague promise into something you can measure.
- Ask for rolling production. If the set is large, request that the agency release in batches as each is ready.
- Follow up in writing. Short, dated emails build the record that shows a delay is unreasonable.
Some records have their own, tighter timing. Police body-camera footage, for example, carries a separate rule we cover in our guide to the 45-day rule for body camera records.
What a denial has to include
A denial must be in writing. It must state the specific exemptions the agency relies on and name the people responsible for the denial by name and title (Government Code §§ 7922.000 and 7922.540). The agency bears the burden of showing that a record is exempt, or that the public interest in keeping it confidential clearly outweighs disclosure (First Amendment Coalition).
Three related rules matter when you read a denial:
- Redaction, not blanket refusal. Agencies must separate and release the reasonably segregable parts of a record, using what the Coalition calls a “surgical scalpel” approach (Gov. Code § 7922.525(b)).
- Specific exemptions. The point of requiring citations is to give you enough information to judge whether the withholding is lawful (First Amendment Coalition).
- No advance index required. An agency does not have to hand you an itemized list of withheld records before litigation, though it must explain the legal exemptions it asserts for any denial, according to the Los Angeles Police Department’s CPRA manual.
If your denial is vague, our guide to the 10-day rule and templates for beating a denial walks through response letters you can adapt.
If the agency misses a deadline or refuses
California has no records commissioner or administrative appeal for CPRA disputes. The enforcement route is a court proceeding for injunctive or declaratory relief, or a writ of mandate, in superior court under Government Code § 7923.000 (overview of § 7923.000).
A sensible escalation path:
- Day 11 (or the day after the extended date): send a short written follow-up that cites § 7922.535, states the date you filed, and asks for a determination immediately.
- Respond to any denial in writing. Point out missing exemptions, missing names and titles, or records that could be released with redactions.
- Preserve everything. Keep the request, confirmations, extension letters, and all replies in one folder.
- Talk to a public records attorney before you let the matter drift. The Act is not a reason to wait indefinitely, and the facts that support your case are freshest early.
Court review moves fast on the agency’s side too
Once a trial court rules, § 7923.500 limits review to a petition for an extraordinary writ rather than a regular appeal, which prevents agencies from using ordinary appeals to stall disclosure, as one superior court ruling explains (Winston ruling). A published guide describes a 20-day window to file that writ petition after notice of entry of the order (CPRA guide). If you win or lose at the trial level, that window is the deadline to calendar immediately.
Attorney’s fees
Prevailing requesters are generally entitled to attorney’s fees and costs, while an agency can recover its own only if the case is clearly frivolous (LAPD CPRA manual). We explain how courts handle amounts in PRA attorney fees.
Deadlines for other kinds of claims are different
The CPRA’s timing rules apply to public records requests only. If your records request is tied to a discrimination, retaliation, or consumer claim, a different limitations period governs that claim, and it can be short. California courts apply distinct statutes of limitations by claim type: for example, claims under the Investigative Consumer Reporting Agencies Act generally carry a two-year period (Bernuy v. Bridge Property Management Co.). The same decision shows that class-action tolling does not automatically save every individual claim.
The practical lesson: a pending records request never pauses the clock on another claim. If you are using records to build an employment, housing, or civil rights case, have a lawyer identify every deadline at the outset.
Perspective: why we treat the clock as part of the case
We handle public records matters alongside discrimination, First Amendment, and consumer cases, and the pattern is consistent: requesters lose leverage when they lose track of dates. A request that goes unanswered for a month, with no follow-up on file, is much harder to present to a judge than one with a clean paper trail.
We take cases that larger firms avoid, and public records disputes are often exactly that. Agencies have staff and routine processes. Individuals usually have a single email thread. Our approach is to put a lawyer’s name on the follow-up letter early, force a specific determination, and bring a petition when an agency stonewalls.
The coming move to business days makes record-keeping more important, not less. Know the receipt date, calendar both the old and new count, and ask for production dates in writing. Most of our matters are handled on a contingency basis, so a client pays nothing unless there is a recovery.
Mark
Need help enforcing a records request?
If an agency has missed its 10-day deadline, sent a bare-bones denial, or gone silent after “unusual circumstances,” we can review your correspondence and tell you where you stand. Our FOIA and public records practice covers California Public Records Act requests and litigation, and we offer free case consultations.
Before you call, gather the original request, the agency’s acknowledgment, any extension letter, and any denial. Also read our notes on public records fees and staff search time if the agency has quoted charges.
A short checklist for tracking any request
- Record the date and time you sent the request and the date the agency says it received it.
- Calendar day 10 (calendar days now, business days after the 2027 change takes effect).
- Watch for an extension notice before day 10 ends, and check it for a listed reason and a date.
- If nothing arrives, send a written follow-up the next day.
- Once records are promised, ask for a release date and calendar it.
- Keep every response, and read each denial for named exemptions and named decision-makers.
FAQ
Does the 10-day deadline mean I get my records in 10 days?
No. The 10 days is the time to decide whether the request seeks disclosable records and to tell you why anything is withheld. Release must then happen promptly, but the law sets no fixed production deadline, so ask the agency for a release date in writing.
Are the 10 days calendar days or business days?
Today they are calendar days, counted from the day after receipt. AB 1821, approved September 30, 2026, changes this to business days, with the extension also measured in business days, starting in 2027.
Can an agency extend the deadline without telling me?
No. An extension requires written notice that explains the reasons and gives the expected date for a determination, and the reason must be one of the statutory unusual circumstances. It is limited to 14 additional days.
What can I do if an agency ignores my request?
Send a written follow-up citing Government Code § 7922.535, then consider a court petition, since California has no administrative appeal for records disputes. Prevailing requesters are generally entitled to attorney’s fees, so speak with a public records attorney before too much time passes.
Does a records request stop the deadline for my discrimination or consumer claim?
No. Each claim has its own limitations period, and a pending records request does not pause it. Have an attorney map out the deadlines for every claim you may have.
Sources
- California Government Code § 7922.535
- AB 1821 bill text
- Legal alert on AB 1821 and its effective date
- Los Angeles Department of Water and Power CPRA processing manual
- California High-Speed Rail Authority records FAQ
- MetNews: Public Records Act sets no time limit on production
- First Amendment Coalition: personnel records and the CPRA
- First Amendment Coalition: school district withholding records
- Los Angeles Police Department CPRA unit manual
- Government Code § 7923.000 overview
- Winston ruling on writ review
- California public records guide on the 20-day writ window
- Bernuy v. Bridge Property Management Co.