Key takeaways:
- FOIA is designed to promote transparency and hold government agencies accountable.
- The state-level open records laws and FOIA response times vary from state to state.
- Most states specify a response timeframe, but 16 states require agencies to respond “promptly” or don’t define a deadline.
FOIA Deadlines by State
These are the FOIA time limits (deadlines to respond to open records requests) in all U.S. states:
Alabama: No limit
Alaska: 10 days
Arizona: Prompt
Arkansas: 3 days
California: 10 days
Colorado: Prompt
Connecticut: 4 days
Delaware: 15 days
Florida: Prompt
Georgia: 3 days
Hawaii: 10 days
Idaho: 3 days
Illinois: 5 days
Indiana: 7 days
Iowa: 20 days
Kansas: 3 days
Kentucky: 3 days
Louisiana: 3 days
Maine: 5 days
Maryland: 30 days
Massachusetts: 10 days
Michigan: Prompt
Minnesota: Prompt
Mississippi: 7 days
Missouri: 3 days
Montana: No limit
Nebraska: 4 days
Nevada: 5 days
New Hampshire: 5 days
New Jersey: 7 days
New Mexico: 15 days
New York: 5 days
North Carolina: No limit
North Dakota: No limit
Ohio: Prompt
Oklahoma: Prompt
Oregon: Prompt
Pennsylvania: 5 days
Rhode Island: 10 days
South Carolina: 15 days
South Dakota: 15 days
Tennessee: 7 days
Texas: 10 days
Utah: 10 days
Vermont: 2 days
Virginia: 5 days
Washington: Prompt
West Virginia: 5 days
Wisconsin: Prompt
Wyoming: No limit
Dive Deeper: FAQ
Open records requests: what counts as a record?
What is considered a record isn’t the same in all U.S. states. In general, records can include books, papers, maps, and photographs, but they can also include electronic information like:
- Emails
- SMS/text messages
- Chat messages (Teams, Slack, Zoom, WhatsAppetc.)
- Social media posts and messages
- Websites and web pages
- Digital documents (Word files, PDFs, spreadsheets)
- Databases and data exports
- Audio or video recordings
- Metadata associated with files
If this information relates to government business and is kept by the agency, it’s usually going to be considered a record under open records or FOIA laws.
Do FOIA requests apply to states?
FOIA requests do not apply to state or local government agencies because they only cover federal executive branch records. Each state has its own public access laws that govern access to state, county, and city documents. Informally, they are known as FOIA state laws.
What is the difference between FOIA and Sunshine Laws?
FOIA (Freedom of Information Act) is a federal law specifically for accessing records from US federal executive agencies. Sunshine laws are a broader category encompassing both federal and state-level regulations, including state-level public records acts and open meeting laws, which ensure transparency in state and local government operations. Public records laws are not the same in every state. Each state has its own law, its own rules, and often its own name for that law: FOIA, FOIL, Right to Know, Sunshine Law, Open Records Act, GRAMA, IPRA, and APRA are all state-level laws that reflect FOIA.
What makes a valid FOIA request?
A FOIA request is valid when it clearly asks a government agency for access to records and follows the basic rules set by the relevant law. In most cases, a request must:
- Be in writing* and signed by the person making the request
- State that the request is being made pursuant to the FOIA
- Reasonably describe the records requested so the agency can locate them.
- Follow the agency’s submission rules (e.g. send the request by email, fill out an online form, send a letter by mail)
- Include contact information so the agency can respond or ask for clarification.
Many state laws also allow agencies to charge search, copying, or processing fees, though requesters can often ask for a fee waiver. If these basic conditions are met, the request is usually considered valid and the agency must respond within the time window defined by the applicable FOIA or public records law.
*At the U.S. federal level, FOIA requests must be submitted in writing. At the state level, rules can be different. Some states allow verbal requests, especially for simple or routine records, although agencies may still ask the requester to submit the request in writing. In practice, submitting a written request is strongly recommended because it creates a record of the request.
When can a FOIA request be denied?
Agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law.
Who can make a FOIA request?
Under FOIA, any person can submit a request. You don’t need to be a U.S. citizen or resident. Individuals, journalists, researchers, companies, and organizations from anywhere in the world can request federal records.
At the state level, most states allow any person to request records, but Virginia, Tennessee, Arkansas, and Delaware limit requests to state residents.
Why do FOIA requests take so long?
FOIA requests can take months to complete because government agencies often face large backlogs of requests, which slows the process. Some requests are broad, complex, or not clearly described, which makes it harder for staff to identify and locate the correct records. In many cases, agencies must also search across multiple departments, systems, or locations to gather the information.
Although federal FOIA law sets a 20-working-day deadline for agencies to respond, the law allows extensions under “unusual circumstances” like large volumes of records, records stored in multiple places, or if the agency needs to consult with other agencies before releasing the information.
What happens if the agency doesn’t meet the FOIA time limit?
For federal FOIA, if the agency doesn’t meet the 20-working day deadline, the requester can file an administrative appeal or take the agency to federal court without waiting for a final response. Courts can order the agency to release records if the law requires it. There are generally no direct financial penalties for the agency itself, aside from losing the right to charge for search fees.
At the state level, if an agency fails to respond within the required timeframe, the requester can file an appeal, complain to an oversight body, or bring a lawsuit. Some states also impose penalties for noncompliance, court orders to release records, legal fee payments, or fines, although enforcement usually happens only if the requester decides to pursue the case.
Read Next:Guide to Sunshine Laws: Transparency Rules Across the U.S. |
