A man in a suit gestures to pieces of floating paper

How to FOIA: A visual guide for obtaining public records

I’ve filed thousands of requests in my career. Here’s how I do it, step by step.

Perspective by Nate Jones

and

Emily Joynton

March 2, 2024 at 7:00 a.m. EST

(Emily Joynton/For The Washington Post)

Every day, Washington Post reporters use public records to inform people about our communities and hold powerful people and governments accountable. Government records have helped expose the role of drug companies in the opioid crisis and showed how U.S. officials misled the public about the war in Afghanistan.

Subscribe for unlimited access to The Post

Save up to 70% for a limited time.

Get your first year for $2 USD
every four weeks

As The Post’s Freedom of Information Act (FOIA) director, my job is to help reporters file requests for those documents — and win them. Now, I’m sharing my best strategies, tips and secrets in this handy guide.

View and print this story as a PDF.

Narration begins: The Freedom of Information Act has helped expose wrongdoing and check government power. As The Washington Post’s FOIA director, I help reporters get as many records as they can. A man in a superhero costume stands in front of The Washington Post newsroom and a car with a FOIA license plate. He says: “Here’s how to do it!”

Narration: Federal records are governed by the Freedom of Information Act, or FOIA. Each state has its own version of the law. A man points to icons representing the military, police and the economy. Papers flat behind him. An annotation points to him: Nate Jones, Lawyer and Post journalist.

Step 1: Find out which state or federal agency has the records you want. Nate types into a Google search field: AGENCY + FOIA. Annotations point to the screen: BTW: You can’t FOIA Congress or the federal courts. You can request presidential records five years after the person leaves office. Nate says: It can feel intimidating, but it’s easy to Google!

Step 2: Decide what to request. Most laws only cover existing records, not information. Try asking for completed forms, contracts, databases, memos and reports. Check if they’re already publicly available. Annotation points to a computer: Requests for emails must be specific — include the account, date range and key words. They could take longer to process or be exempt. Nate shoves a fishing boat and rods away and says: No fishing expeditions!!

Step 1: Find out which state or federal agency has the records you want. Nate sits at a computer and types into a Google search field: AGENCY + FOIA. Annotations point to the screen: BTW: You can’t FOIA Congress or the federal courts. You can request presidential records five years after the person leaves office. Nate says: It can feel intimidating, but it’s easy to Google!

Step 4: After you file, get a tracking number for your request. Don’t hesitate to follow up! Inset of Nate on the phone, saying: I’m calling to get an estimated date of completion for my request. Larger illustration of Nate taking a phone call in one hand and a can of WD-40 in the other. He says: Often, the squeaky requester gets the grease!

Step 3: Draft and file your request. Be specific, so it’s easier for officials to find the records. Ask that any denials be in writing and include a legal justification for their decision — and what you’d need to do to appeal or sue. A person walks through a room filled with comically large piles of boxes and says: I know right where these records are!

Step 6: Appeal any full or partial denial. Send a letter explaining why you believe the agency was wrong to use the exemptions they cited. Nate speaks to two officials, holding a piece of paper. He says: Are you sure you want to sign off on this denial? The official replies: OK, we’ll give you a less redacted version. Below, a close up of a hand offering a less-redacted document.

Step 7: If the appeal fails, consider a lawsuit. The Post has sued to win the release of important records. Illustration: Judge bangs a gavel at an agency employee. She says: “I order the records released without redactions… AND for the agency to pay the requester’s attorney fees!”

Narration concludes: Requesting public records can be tricky but it’s worth the fight to keep a watchful eye on what your government is up to.government is up to. Nate beams, holding up a large envelope bursting with documents. He says: I’ve already got an idea for my next request!