How long do I have to file a FOIA appeal after my request is denied?

When an agency denies your records request in whole or in part, you generally have the right to challenge that decision through an administrative appeal before going to court. The amount of time you have to file depends on which law governs your request.

The Federal FOIA Deadline

Under the federal Freedom of Information Act, an agency’s response letter is required to tell you how to appeal an adverse determination. Federal agencies set their appeal window by regulation, and for most agencies you must submit a written appeal within a defined period—commonly measured in days—after the date of the denial letter.

Because the exact number of days can vary by agency and has been adjusted over time, the safest practice is to:

• Read the denial letter carefully. It must explain your appeal rights and the deadline.
• Note the date on the letter, since the clock usually runs from that date.
• File in writing and keep proof of when you sent it.

If your letter is unclear, treat the deadline as short and act quickly.

State Public-Records Laws Differ

If you requested records from a state or local government rather than a federal agency, the federal FOIA does not apply. Each state has its own public-records statute with its own appeal or review process and its own time limits. Some route appeals through the agency, an ombudsman, an attorney general, or directly to court. Always check the specific state law and the instructions in your denial.

Why Filing on Time Matters

An administrative appeal is often a prerequisite to seeking relief in court—a step known as exhausting your administrative remedies. Missing the deadline can forfeit that path. A timely appeal also gives the agency a chance to reconsider, release additional records, or better explain its withholdings, frequently resolving disputes without litigation.

Practical Tips

• Submit your appeal in writing and reference your original request and tracking number.
• Explain why the denial was improper—for example, a misapplied exemption or an inadequate search.
• Keep copies of all correspondence.

For related guidance, see the FOIA and public records hub.

Because deadlines and procedures vary by jurisdiction, confirm the exact rule in the statute and in your specific denial letter.