This article gives general information about the United States. Rules and practices differ by state and locality.
People sometimes assume there is one national rule for all public records. In fact, the United States has a federal law and fifty state laws, plus rules for local governments and special cases. Knowing which one applies helps you send your request to the right place.
The federal Freedom of Information Act
FOIA applies to executive branch agencies of the federal government, such as departments, administrations, and commissions. It does not cover Congress or the federal courts. It sets a general deadline of 20 working days, lists nine exemptions, and includes an appeals process.
State public records laws
Each state has a law that covers state agencies and usually local governments such as cities, counties, and school districts. Names vary, including open records act, public records act, and right-to-know law. Details differ significantly.
Where laws typically differ
- Who can request. Some states limit requests to residents.
- Deadlines. Some set specific numbers of days, while others use general standards such as “promptly”.
- Fees. Rules about search time, copying, and waivers vary.
- Exemptions. Each state lists what can be withheld.
- Enforcement. Some states have an ombudsman or attorney general office that helps resolve disputes.
How to choose the right law
- Records held by a federal agency are requested under FOIA.
- Records held by a state agency, city, county, or school district are usually requested under the state law.
- Federal and state governments sometimes share information. Ask the agency that created or holds the record.
Finding the rules
Your state attorney general’s website, a state press association, or a legal aid group often publishes plain-language guides. Federal agencies explain their process on their sites and through FOIA.gov.
When in doubt, ask the agency’s records officer which law applies. They deal with the question all the time.
