{"id":357666,"date":"2021-06-30T16:00:20","date_gmt":"2021-06-30T21:00:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/civic-engagement\/citizen-journalism\/how-to-get-government-information-under-the-freedom-of-informati.html"},"modified":"2026-07-13T10:26:53","modified_gmt":"2026-07-13T15:26:53","slug":"how-to-get-government-information-under-the-freedom-of-informati","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/civic-engagement\/citizen-journalism\/how-to-get-government-information-under-the-freedom-of-informati.html","title":{"rendered":"How To Get Government Records Under the Freedom of Information Act (FOIA)"},"content":{"rendered":"\n
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How To Get Government Records Under the Freedom of Information Act (FOIA)<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

The\u00a0Freedom of Information Act<\/span>\u00a0(FOIA) is a federal law that grants citizens the right to access records from government agencies that are not public records. To obtain the records, individuals send a formal request to the department that holds them. The records should be available unless they are protected by national security<\/span> concerns or other exemptions<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

You may go through your entire life without ever needing access to government documents. If the need arises to view government records, the\u00a0Freedom of Information Act<\/span><\/a>\u00a0(FOIA) provides a way to access them.<\/p>\n

The FOIA<\/a> is a federal law that allows citizens to request information<\/span> from federal government<\/span> agencies that is otherwise not publicly available. Requesting these documents can be time-consuming, but the process itself is straightforward.<\/p>\n

This article examines the process for requesting government records under the FOIA. It also discusses the types of information you can access under federal law, as well as the act’s limits. If the government denies your request<\/a>, we\u2019ll explain your available options and the best next step to take.<\/p>\n

The Freedom of Information Act<\/span> should provide transparency in the\u00a0federal government<\/span>. If you encounter obstacles, contact a local civil rights attorney<\/a> for assistance with your FOIA request<\/span>.<\/p>\n

Understanding the Freedom of Information Act<\/span> and Public Records Laws<\/h2>\n

The FOIA exists so that American citizens can access certain government records. While there are restrictions, most information is available to the public as long as they file the proper FOIA request<\/span>.<\/p>\n

To file a FOIA request<\/span>, you must first confirm whether the information you want is protected by the Act. If the requested records<\/span> fall under one of the act\u2019s exclusions<\/span><\/a>, the United States government<\/span> will deny your request. As long as your request meets the eligibility requirements, your request should be granted.<\/p>\n

After confirming that you can access the records, the next step is to determine which agency has the authority to release them to you. For example, court opinions or public safety information would likely be found at the Department of Justice<\/span><\/a> (DOJ<\/span>).<\/p>\n

There are limitations on the information you can obtain under the FOIA. National security<\/span> issues can lead to denial, so don\u2019t expect to be given nuclear codes. However, all federal agency<\/span> records<\/span> are available unless they fall into one of nine exemptions<\/span>.<\/p>\n

State and Local Alternatives to the FOIA<\/h3>\n

All 50 states have their own FOIA laws, which allow state citizens to access records created and maintained by local governments. Let\u2019s take a look at a few examples.<\/p>\n

New Jersey has the \u201cOpen Public Records Act\u201d (OPRA), which allows state residents to request and obtain records maintained by public agencies. The requests are anonymous and share many of the same restrictions on the types of information you can receive as federal law.<\/p>\n

California also has a state law that grants residents the right to view and obtain certain government documents. Under the \u201cCalifornia Freedom of Information Act<\/span><\/a>\u201d, the California government allows citizens to request copies of state and local government records. As with New Jersey, this has built-in exemptions<\/span> similar to the federal FOIA <\/span>exemptions<\/span>.<\/p>\n

Dealing with bureaucracy at any level can be frustrating. If you need additional information<\/span> or help with accessing government records in your state, consider speaking with a local civil rights attorney<\/a>.<\/p>\n

When To Use Federal or State FIOA Requests<\/h3>\n

Whether to use a federal FOIA request<\/span> or a state-level request will depend on the type of record you need and the reason you need it. Some request records<\/span> out of curiosity, while others rely on the FOIA to help defend a client in a criminal case.<\/p>\n

When dealing with a federal agency<\/span>, such as the Internal Revenue Service, file a FOIA request<\/span> with the federal government<\/span>. In a criminal matter, a defense attorney would file a request for law enforcement<\/span> records<\/span> under your state\u2019s freedom of information law instead.<\/p>\n

States may refer to these laws as freedom of information laws, \u201cSunshine Laws,\u201d or \u201cRight to Know\u201d laws. If you aren\u2019t sure how to file your request, consult a local civil rights attorney for help<\/a>. They can also explain FOIA regulations<\/span> for both state and federal laws.<\/p>\n

Before You File: Important First Steps<\/h2>\n

There are specific steps you must take before you file your information request. Make sure you know which documents or records you need and which agency is responsible for handling your request.<\/p>\n

The steps you take before you file your request can make the difference between approval and denial. This is regardless of whether the agency you are seeking information from has guidelines.<\/p>\n

First, ensure that the information is not already publicly available. The U.S. government<\/span> is the largest publisher in the world, and federal agency<\/span> decisions are intentionally transparent. If you\u2019re concerned about an agency rule or regulation that could affect you or your business, you can likely learn a great deal about it from already published materials.<\/p>\n

The\u00a0Federal Register<\/a> provides information on the publication of all agency materials. Before issuing a rule, agencies often issue a “proposed rule” and allow the\u00a0general public<\/span>\u00a0to comment or point out problems before making it official.<\/p>\n

Search the FOIA reading rooms<\/span> at FOIA.gov<\/span><\/a> before you file any request for information. Most agencies have electronic <\/span>reading rooms<\/span> where you can search for the information you need. It\u2019s one of the best ways to find information you want if it\u2019s already been published.<\/p>\n

You can also visit the Office of Government Information Services<\/span><\/a> (OGIS<\/span>). They maintain their own records<\/span>, especially those that are archived. They also offer online resources with publicly available records.<\/p>\n

If the information is not publicly available, your next step is determining which agency should fulfill your request. If you aren\u2019t sure which agency to contact, you can search for federal agencies<\/span> and\u00a0submit a request on the FOIA website<\/span><\/a>. Once you have established that the information is unavailable and know which agency you need it from, you can file an FOIA request<\/span>.<\/p>\n

How To File a FOIA Request<\/span>: The FOIA Process<\/span><\/h2>\n

Anyone can file a FOIA request<\/span>. Some agencies have online submission forms or guides that help them to understand the nature of your request. Once you determine which agency will handle your request, check their procedure. Most agencies have a web page<\/span> offering guidelines for submitting an information request.<\/p>\n

Tips for Filing a Request<\/h3>\n

While it\u2019s possible to file a broad FOIA request<\/span>, it helps to be as specific as possible. Otherwise, you risk getting too little information, too much information, or a long wait time while the agency fulfills your request. You can check the status of your request<\/span> if it seems to be taking too long.<\/p>\n

Processing requests<\/span>\u00a0can take decades, even if you request the information on an expedited basis<\/span>. Agencies can also deny claims that are unreasonable, so it helps to tailor your request to the information you really need. In addition, an overly broad request can lead to higher fees.<\/p>\n

Here are some tips for filing a successful FOIA request<\/span>:<\/p>\n