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

The Freedom of Information Act gives any person the right to request access to records held by federal government agencies. It's one of the most powerful transparency tools available to American citizens -- and to anyone else, for that matter, since you don't have to be a U.S. citizen to file a FOIA request. Journalists, researchers, businesses, lawyers, and ordinary people use FOIA every year to obtain everything from FBI case files to environmental inspection reports to emails between government officials.

But filing a FOIA request isn't quite as simple as sending an email that says "give me the documents." There's a process, and understanding how it works can mean the difference between getting useful records in a few weeks and waiting months for a response that says "request denied." I've filed dozens of FOIA requests over the years, and I'll walk you through what I've learned.

What FOIA Covers

FOIA applies to records held by federal executive branch agencies. This includes cabinet departments (Defense, State, Justice, Treasury, etc.), independent agencies (EPA, FCC, SEC, NASA, etc.), regulatory commissions, and government corporations. It covers a very broad range of records: documents, emails, memos, reports, data files, photographs, maps, videos, and essentially anything else that's been created or obtained by a federal agency and is under its control.

What FOIA does not cover is equally important to understand:

• Congress -- FOIA does not apply to the House, Senate, or any congressional offices. Congressional records are governed by their own rules and are generally not accessible to the public.
• The federal courts -- the judiciary is not subject to FOIA. Court records are accessible through systems like PACER, but not through FOIA.
• The President's personal staff -- the White House Office and certain offices within the Executive Office of the President are not subject to FOIA, though some EOP components (like the Office of Management and Budget) are.
• State and local governments -- FOIA is a federal law. State and local records are governed by state open records laws, which are separate (discussed below).
• Private companies -- FOIA only applies to government agencies. You can't FOIA a private company. However, if a private company submitted records to a government agency (like regulatory filings, contract proposals, or inspection reports), those records may be obtainable through FOIA from the agency, subject to certain exemptions.

The 9 FOIA Exemptions

FOIA establishes a presumption of openness: agencies are supposed to release records unless they fall under one of nine specific exemptions. These exemptions are the heart of FOIA, and they're where most disputes arise. Understanding them helps you anticipate what an agency might withhold and frame your request to minimize unnecessary withholdings.

Exemption 1: Classified National Security Information. This covers records that have been properly classified under an executive order in the interest of national defense or foreign policy. It's the exemption that protects military secrets, intelligence sources and methods, and sensitive diplomatic communications. Agencies frequently invoke this exemption, and it's one of the hardest to challenge because courts give significant deference to agency classification decisions.

Exemption 2: Internal Personnel Rules and Practices. This covers internal agency rules and practices that relate to personnel matters. After a 2011 Supreme Court decision narrowed its scope, this exemption now primarily applies to records whose disclosure would risk circumvention of a statute or regulation -- like internal law enforcement techniques or security protocols.

Exemption 3: Information Exempt Under Other Federal Statutes. Some federal statutes specifically prohibit the disclosure of certain types of information. When such a statute exists, Exemption 3 allows the agency to withhold the information. Examples include tax return information (protected by the Internal Revenue Code), census data identifying individuals (protected by the Census Act), and certain intelligence agency records.

Exemption 4: Trade Secrets and Confidential Business Information. This protects trade secrets and commercial or financial information that is confidential and was submitted to the government by a private party. When a company submits proprietary data to a regulatory agency -- pricing information, manufacturing processes, research data -- Exemption 4 can prevent its disclosure. Following a 2019 Supreme Court decision, information qualifies as confidential if it's the kind that the submitter would normally keep private and if the government provided either an explicit or implicit assurance of confidentiality.

Exemption 5: Inter-Agency and Intra-Agency Memoranda. Often called the "deliberative process" exemption, this protects internal government communications that are part of the decision-making process. The rationale is that government officials need to be able to discuss policy options candidly without fear that their preliminary analyses and recommendations will be made public. This exemption covers draft documents, internal policy debates, and pre-decisional recommendations -- but not the final decisions themselves. It's one of the most commonly invoked (and most frequently contested) FOIA exemptions.

Exemption 6: Personal Privacy. This exempts personnel, medical, and similar files whose disclosure would constitute a "clearly unwarranted invasion of personal privacy." Agencies use this to redact Social Security Numbers, home addresses, medical information, and other personal details from responsive records. The key is the balancing test: the privacy interest is weighed against the public interest in disclosure. The names and titles of government employees performing their official duties generally can't be withheld under Exemption 6, but their personal contact information usually can.

Exemption 7: Law Enforcement Records. This exemption has six sub-parts and protects records compiled for law enforcement purposes, but only to the extent that disclosure could: interfere with enforcement proceedings, deprive someone of a fair trial, constitute an unwarranted invasion of personal privacy, reveal the identity of a confidential source, disclose law enforcement techniques, or endanger someone's life or safety. This is the exemption that typically protects FBI investigation files, though agencies are required to release whatever portions of the records can be reasonably segregated from the exempt portions.

Exemption 8: Financial Institution Records. This covers records related to the regulation or supervision of financial institutions. It's relatively narrow and primarily protects bank examination reports and similar supervisory materials.

Exemption 9: Geological and Geophysical Information. The narrowest exemption, this protects geological and geophysical data about wells. It's rarely invoked.

How to Write an Effective FOIA Request

A FOIA request doesn't need to be in any particular format -- you just need to reasonably describe the records you're seeking. But a well-crafted request will get you better results faster. Here's what I recommend:

Step 1: Identify the Right Agency

Before you write anything, figure out which agency has the records you want. FOIA requests go to specific agencies, not to "the government" as a whole. If you want EPA records, you submit to EPA. If you want records from the Department of Homeland Security, you submit to DHS. If you're not sure which agency has the records, start with the one most likely to be involved and ask -- they're required to help direct you to the right place.

Step 2: Be Specific but Not Too Narrow

The single most important factor in a successful FOIA request is how you describe what you're looking for. Being too vague ("all records about pollution") will produce an unmanageable response or a rejection for being too broad. Being too specific ("the email sent by John Smith on March 14, 2024 at 2:37 PM") risks missing records you'd want if you knew they existed.

Good FOIA requests typically specify:

• The subject matter or topic
• A date range (e.g., "records from January 2023 to December 2024")
• The office or division within the agency that's likely to have the records
• The types of records (e.g., "emails, memoranda, and reports")
• Any specific names, projects, or reference numbers associated with the records

Step 3: State Your Fee Category and Preferences

FOIA requests are categorized by the requester's identity and the purpose of the request, which affects fees. The categories are:

• Commercial use requesters -- pay for search, review, and duplication
• Educational institutions and non-commercial scientific institutions -- pay only for duplication beyond the first 100 pages
• News media -- same as educational; pay only for duplication beyond the first 100 pages
• All other requesters -- pay for search time beyond two hours and duplication beyond 100 pages; no review fees

In your request, state which category you fall into and whether you're willing to pay fees or want a fee waiver. You can request a fee waiver if disclosure is "in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester."

Step 4: Submit the Request

Most agencies accept FOIA requests through online portals, email, fax, or regular mail. The Department of Justice maintains a list of FOIA contacts for all federal agencies at foia.gov. Many agencies use the FOIAonline system, which lets you submit and track requests electronically.

Your request should include your name and mailing address (or email address), a clear description of the records sought, your fee category, and any fee waiver justification. There's no magic language required -- "I am requesting, under the Freedom of Information Act (5 U.S.C. 552), copies of the following records..." is a perfectly standard opening.

Processing Times and What to Expect

Under FOIA, agencies have 20 business days to respond to a request. In reality, most agencies take much longer than that. The 20-day clock is when the agency is supposed to make a "determination" on your request -- meaning they tell you whether they'll comply, and if so, how much of the responsive material they'll release. The actual production of documents often takes additional time.

Many agencies have significant backlogs. As of 2025, some agencies had backlogs of thousands of pending requests. The Department of State, the FBI, and the Department of Defense are among the agencies with the longest average processing times, sometimes measured in years rather than months for complex requests.

Agencies typically process requests in one of two tracks:

• Simple track -- for requests that involve a small number of records, straightforward search, and minimal review. These are usually processed faster.
• Complex track -- for requests involving large volumes of records, multiple offices, classified materials, or records requiring consultation with other agencies. These take significantly longer.

Some agencies also offer expedited processing for requests where the requester can demonstrate a "compelling need" -- typically defined as an imminent threat to someone's life or safety, or an urgency to inform the public about actual or alleged government activity (primarily for journalists).

Fees

FOIA fees are generally modest, but they can add up for large requests. Typical rates are:

• Search fees: $25-$50 per hour for clerical search, $50-$85+ per hour for professional search
• Duplication fees: $0.10-$0.25 per page for paper copies; electronic copies are often provided at no additional charge
• Review fees: charged only to commercial use requesters, at rates similar to search fees

Most casual requesters fall into the "all other" category and get two free hours of search time and 100 free pages of duplication. For many requests, this means no fees at all. If fees will exceed a certain threshold (usually $25 or $50), agencies will typically contact you for approval before proceeding.

The Appeal Process

If an agency denies your request in whole or in part, you have the right to appeal. This is important, because initial denials are often overturned or modified on appeal. According to the Department of Justice's FOIA data, a meaningful percentage of appeals result in additional information being released.

To appeal, send a written letter to the agency's FOIA appeals office (the denial letter will include this information) within the specified time limit, usually 90 days. Your appeal should:

• Reference the original request and the denial
• Explain why the denial was improper -- for example, argue that the cited exemption doesn't apply, that the agency didn't adequately search for responsive records, or that the public interest outweighs any privacy concerns
• Request that the denial be reversed and the records released

The agency then has 20 business days to decide the appeal. If the appeal is denied, you can file a lawsuit in federal district court to challenge the withholding. FOIA litigation is common and has produced a large body of case law interpreting the exemptions and agencies' obligations.

Before filing a lawsuit, you can also seek assistance from the Office of Government Information Services (OGIS), which acts as a FOIA ombudsman and mediator. OGIS can help resolve disputes between requesters and agencies without litigation.

State Open Records Laws

FOIA is a federal law, but every state has its own equivalent. These state laws go by various names:

• California -- California Public Records Act (CPRA)
• Texas -- Texas Public Information Act (TPIA)
• New York -- Freedom of Information Law (FOIL)
• Florida -- Florida's Government-in-the-Sunshine Law and Public Records Act (Chapter 119)
• Illinois -- Freedom of Information Act (same name, different law)

State open records laws generally follow the same principle as federal FOIA -- government records are presumptively public, subject to specific exemptions -- but the details vary significantly. Exemptions, response times, fee structures, and enforcement mechanisms differ from state to state. Some states are much more transparent than others. Florida, for example, has exceptionally broad public records laws and relatively few exemptions, which is why "Florida Man" stories are so common -- not because Floridians are more interesting, but because Florida's public records laws make police reports and court records more accessible than in most other states.

To submit a state open records request, identify the relevant agency and look for their records request process on their website. Many state and local agencies have standardized request forms. Unlike federal FOIA, some state laws impose residency requirements -- meaning only residents of the state can submit requests -- though this is the minority approach.

Practical Tips from Experience

A few things I've learned from years of filing FOIA requests:

Do your homework before you file. Many records are already publicly available. Before filing a FOIA request, check the agency's website, reading rooms (agencies are required to post frequently requested records online), and press releases. You might find what you need without filing at all. Databases like publicly available government data can save you a lot of time.

Call the FOIA office before you submit. A five-minute phone call can save weeks of processing time. FOIA officers can tell you whether the records exist, which office has them, and how to describe them in a way that will produce the best results. They're usually helpful -- most FOIA officers genuinely want to get you the records you're requesting.

Request records in electronic format. Electronic records are faster and cheaper to produce than paper copies. Specify that you want records in their native electronic format whenever possible.

Keep your request focused. The broader your request, the longer it takes and the more it costs. If you're interested in a specific project, contract, or decision, say so. A narrow, well-defined request is more likely to be processed quickly and completely.

Follow up regularly. Agencies process FOIA requests on something close to a first-come, first-served basis within each track. A polite follow-up email or call every few weeks keeps your request visible and can help resolve issues before they become delays.

Don't give up at the first denial. Appeals work. Initial reviewers tend to be conservative in what they release, and appeal officers often take a broader view. If you believe records were improperly withheld, appeal.

FOIA in the Broader Context of Public Records

FOIA is one tool in a broader ecosystem of government transparency. Other sources of public information include court records, campaign finance filings, property records, voter registration data, and government salary databases. Often, these other sources can provide the information you need without the delays inherent in the FOIA process.

For general people searches and public records lookups, tools like OpenDataUSA aggregate data from multiple public sources into a single searchable interface. You can start a free search here. And for more guides on navigating public data, browse our complete collection of educational articles.