This article gives general information about the United States. Laws differ by state and locality, so check the rules that apply to you.
Public records laws typically allow agencies to recover certain costs, but they also include protections to make sure fees do not become a barrier to access. Understanding the basics can help you avoid surprises.
What agencies may charge for
- Search time: the staff time spent finding the records.
- Review time: in some cases, time spent reading records to decide what can be released, which is usually charged only to commercial requesters under federal rules.
- Duplication: the cost of paper copies or media.
- Special handling: some states allow charges for unusually large or complex requests.
Federal requester categories
Federal FOIA fees depend on the type of requester. Commercial requesters can be charged for search, review, and duplication. Educational institutions, non-commercial scientific institutions, and news media are generally charged only for duplication. All other requesters are charged for search and duplication, with the first two hours of search time and 100 pages usually free.
Fee waivers
Federal law allows fees to be reduced or waived when disclosure is likely to contribute significantly to public understanding of government operations and is not primarily in the commercial interest of the requester. If you think you qualify, request a waiver in your letter and explain why.
Tips to keep costs down
- Ask for electronic copies, which are often free.
- Narrow your request by date, department, or document type.
- Say in your request that you would like to be contacted if fees will exceed a set amount.
- Ask for a fee estimate before the agency begins work.
- Ask whether the records are already available online.
State and local differences
State laws set their own rules. Some limit fees to the actual cost of copying, and others allow hourly charges for staff time. Check the guidance from your state’s attorney general or public records office.
If a fee seems too high
Ask for an itemised breakdown. Compare it with the agency’s published fee schedule. If you believe it is unreasonable, you can often appeal or ask an ombudsman office to review it.
A little planning and a precise request keep most fees small or nonexistent.
