What do we do if a record can't be located when a FOIA or public records request comes in?

When a record can’t be located in response to a FOIA or public records request, the answer is not simply “we don’t have it.” Access laws generally require an agency to conduct a search that is reasonable under the circumstances, document what it did, and respond honestly about the outcome. A missing record triggers process, not silence.

Start with a reasonable, well-documented search

A “reasonable search” means looking everywhere a responsive record is likely to be found, not just the obvious place. For electronic records, that includes shared drives, email and messaging systems, content repositories, backups, departed employees’ accounts, and any cloud or third-party systems holding agency data. Use the search terms, date ranges, and custodians the request implies.

Document the search as you go: which systems were queried, what terms were used, who was contacted, and what was returned. This record of the search is itself evidence that the effort was adequate if the response is later challenged.

Determine why it can’t be found

The cause shapes the proper response:

• Never existed. The agency may not have created or received such a record. State this plainly.
• Disposed of properly. If the record met an approved retention schedule and was destroyed on schedule, that is a legitimate, defensible outcome.
• Lost, misfiled, or improperly destroyed. This is the serious case. Unauthorized destruction or loss of records may itself be a violation and should be reported through your records and legal channels.

Respond accurately and preserve everything

In your reply, distinguish “no responsive records exist” from “responsive records could not be located after a reasonable search.” These are different statements with different implications, and requesters often have appeal rights. Once a request arrives, suspend any routine disposition of potentially responsive material so nothing else is lost while the matter is open.

Prevent the next gap

Repeated “can’t locate” outcomes signal a systemic problem: weak indexing, inconsistent filing, ungoverned messaging channels, or unmanaged backups. Strong electronic records practices, consistent metadata, and enforced retention schedules make records findable before a request ever arrives. The most reliable way to answer a request is to manage records so they can always be located in the first place.