How to File a FOIA or Public-Records Request Yourself

A government office already holds the record you want. You do not need a lawyer to ask for it. Here is exactly how to write the request, handle fees, and appeal a no.

There is a specific feeling that comes when you know a document exists and someone won't show it to you. The inspection report on the restaurant that made you sick. The emails your city council sent about the lot behind your house. The police body-cam footage from a stop you witnessed. You sense it is sitting in a file somewhere, and the silence feels like a wall.

It usually isn't a wall. By law, most of those records belong to the public, and you can demand them with a letter and your name. You do not need a lawyer, a press badge, or a reason. Here is how the records-request system actually works, and how to use it yourself.

Federal vs. state: pick the right law first

The federal Freedom of Information Act (FOIA) covers records held by executive-branch federal agencies — the FBI, EPA, VA, Social Security Administration, and so on. It does not cover Congress, the federal courts, or the President's personal staff, and it does not reach state, county, or city governments.

For anything local — your police department, school board, county assessor, state DMV — you use that state's own public-records law. Every state has one. Some are famous, like Florida's Sunshine Law, California's Public Records Act, Texas's Public Information Act, and New York's Freedom of Information Law (FOIL). Search "[your state] public records request" to find the statute and, often, an online portal.

The mechanics below are nearly identical across federal and state systems. The deadlines and fee rules differ, so confirm the specifics for whichever law applies.

What you can ask for

Any existing record an agency keeps: emails, reports, contracts, inspection results, meeting minutes, body-cam video, spending data, internal memos, calendars. Two important limits:

• They must give you records that exist; they do not have to create new ones. You can't make an agency write you an analysis or answer questions. You ask for documents.
• Some material is exempt. Federal FOIA has nine exemptions — the big ones cover classified national security material, personal privacy, ongoing law-enforcement investigations, and certain internal deliberations. When an agency withholds part of a document, it is supposed to release the rest with the exempt portions redacted, not deny the whole thing.

How to word the request

A good request is specific enough to find but broad enough to catch what you want. Plain language beats legalese. A workable template:

Under the Freedom of Information Act, 5 U.S.C. § 552 [or cite your state law], I request copies of the following records: [describe them — sender/recipient, subject, and a date range]. I request these in electronic format if available. If any portion is withheld, please cite the specific exemption and release all reasonably segregable non-exempt portions.

Then add three lines that protect you:

• Fee category and cap. State whether you are a commercial, news-media/educational, or "all other" requester, and add: "I am willing to pay fees up to $[amount]; please contact me before exceeding it."
• Fee waiver, if it applies. "I request a fee waiver because disclosure is in the public interest and not primarily in my commercial interest."
• Contact info and a clear deadline reference to the statute.

Name a date range and concrete search terms. "All emails about the Maple Street rezoning between the planning director and any developer, Jan 1–June 30, 2026" gets results. "Everything about development" gets you a denial for being too broad.

Fees, and how to keep them near zero

Federal FOIA splits requesters into categories. For non-commercial requesters, the first two hours of search time and the first 100 pages of duplication are generally provided free, and agencies routinely waive small balances. News-media and educational requesters pay only duplication costs. Commercial requesters pay search, review, and duplication.

Two habits keep your bill down: always set a fee cap so nothing surprises you, and ask for electronic delivery to avoid per-page copying charges. State laws vary — some allow only the actual cost of copying; a few permit staff-time charges — so the same "cap it and go digital" approach applies.

Where to send it

Federal requests go to the specific agency that holds the record, not a central office. The portal FOIA.gov lists every agency's FOIA contact and lets you file and track requests online. For state and local requests, look for a "public records request" page; if there isn't one, send a dated written request to the agency head or records custodian and keep a copy.

Federal agencies are generally required to respond within 20 business days — though "respond" can mean acknowledging and estimating, not delivering. Backlogs are real. State deadlines range from a few days to a few weeks.

When they say no: appeal

A denial is not the end; it is the middle. Almost every system gives you an administrative appeal.

• Federal: File a written appeal with the agency, usually within 90 days, explaining why the withholding is wrong. If that fails, the National Archives' Office of Government Information Services (OGIS) offers free mediation, and you can ultimately sue in federal district court — where the agency, not you, bears the burden of justifying secrecy.
• State: Many states route appeals through the attorney general or a dedicated open-records ombudsman, often free and faster than court.

Appeals work more often than people expect, because the first denial is frequently a busy clerk over-redacting. A calm, specific appeal that names the exemption and explains why it doesn't fit gets records pried loose all the time.

The takeaway

The record almost always exists, and the default setting of the law is that it is yours. Be specific about what you want, cap your fees, send it to the right office in writing, and treat the first "no" as a draft. You are not asking a favor. You are exercising a right that works best when ordinary people actually use it.