What can I do if my FOIA request is denied?

A denial is rarely the end of the road. The Freedom of Information Act (FOIA) and most comparable state public-records laws build in several avenues to challenge a withholding. Understanding each step helps you respond in the right order and within any time limits.

Read the Denial Letter Carefully

A proper denial should explain why records were withheld. Agencies typically cite one or more statutory exemptions (for example, those protecting personal privacy, law enforcement information, or properly classified material) and identify which records or portions were withheld. The letter should also describe your appeal rights and deadlines. If anything is unclear, you may contact the agency’s FOIA Public Liaison, whose role is to help resolve problems and answer questions.

File an Administrative Appeal

The most common next step is an administrative appeal to the agency. This is usually a written request asking the agency to reconsider its decision. A few principles to keep in mind:

• Mind the deadline. Appeals generally must be filed within a set period after the denial. Check the date in your denial letter.
• Be specific. Explain why you believe the withholding was improper, the search was inadequate, or fees were misapplied.
• Keep records. Save copies of your original request, the denial, and your appeal.

Seek Mediation Through OGIS

If an appeal does not resolve the issue, the Office of Government Information Services (OGIS), part of the National Archives, offers free mediation services. OGIS acts as a neutral party between requesters and federal agencies and can help clarify disputes without litigation. Many requesters use OGIS before deciding whether to go to court.

Consider Litigation

After exhausting administrative remedies, a requester may file suit in federal court (or the appropriate state court for state records). A court can review the withholding independently and order release of improperly withheld records. Because litigation can be costly and time-consuming, it is often a last resort.

State and Local Requests

If your request was made under a state open-records law rather than federal FOIA, the process differs. Many states provide their own appeal mechanisms, ombudsman offices, or attorney-general review. Always check the specific procedures and deadlines in the relevant jurisdiction.

For more background on access to public information, see the FOIA and public records hub.