What should an agency do if a record responsive to a FOIA request cannot be located or appears to be missing?

When a record that may respond to a Freedom of Information Act (FOIA) request cannot be located, an agency’s obligation does not simply end. FOIA requires agencies to conduct a search reasonably calculated to uncover responsive records, and how an agency handles a missing record is judged against that standard.

Conduct and Document an Adequate Search

The legal test is the adequacy of the search, not whether every record is ultimately found. Before concluding a record is missing, the agency should:

• Search all systems and locations where the record would reasonably be expected to exist, including email, shared drives, case systems, paper files, and backups.
• Use appropriate search terms and consult the program staff most familiar with the subject matter.
• Document the scope and method of the search, including who searched, where, and what terms were used.

This documentation becomes the agency’s record of due diligence if the response is later challenged.

Take Reasonable Steps to Recover the Record

If an initial search comes up empty, the agency should make further reasonable efforts before declaring the record unrecoverable. That can include checking with custodians who may have transferred or archived the material, reviewing retention schedules to confirm whether the record should still exist, and querying system backups or successor systems.

Distinguish “Not Found” From “Never Existed” or “Destroyed”

The agency’s response to the requester should accurately reflect the situation. A record may not be found because it never existed, was properly disposed of under an approved records schedule, or cannot be located despite a diligent search. Each is a different answer, and the agency should communicate clearly rather than conflate them.

Address Potential Loss or Unauthorized Destruction

If evidence suggests a record was lost, removed, or destroyed outside an approved disposition authority, that raises a records-management and accountability concern beyond the FOIA request itself. Federal records laws prohibit the unlawful destruction of records, and suspected unauthorized loss should be reported through the agency’s records officer and, where appropriate, escalated to oversight bodies such as the National Archives and the agency Inspector General.

Handling missing records well comes down to a defensible, documented search, honest communication with the requester, and prompt attention to any sign of improper loss.

For related guidance, see the federal records topic hub.