Public Records FAQ for US Research and FOIA Requests

Public records encompass a broad category of documents and data created, received, or maintained by government agencies at the federal, state, and local levels in the course of conducting official business. The underlying principle is that government operations should be transparent and accessible to the public, with certain defined exceptions to protect legitimate interests such as personal privacy and national security.

Common examples of public records include meeting minutes from city councils and school boards, agency budgets and expenditure reports, building permits and inspection reports, property deeds and tax assessments, court filings and judgments, business registrations, and campaign finance disclosures. The specific categories of records considered public and the procedures for accessing them vary by jurisdiction, as each state has enacted its own public records statute with distinct definitions, exemptions, and processes.

For authoritative guidance on accessing federal, state, and local public records, the USA.gov public records portal provides comprehensive directories and explanations. For broader context on the concept and history of public records access, the Wikipedia overview of public records offers useful background information. Understanding what qualifies as a public record in your specific jurisdiction is the essential first step in any records research project.

No, the Freedom of Information Act (FOIA) and state public records laws are distinct legal frameworks that govern access to different categories of government records. FOIA applies specifically to records held by federal executive branch agencies, including cabinet departments, independent agencies, and government corporations. It does not apply to Congress, the federal courts, or state and local governments.

Each of the fifty states has enacted its own public records law—sometimes called sunshine laws, open records acts, or freedom of information acts—that establishes procedures for requesting records from state agencies, counties, municipalities, school districts, and other local government entities. These state laws vary significantly in their scope, exemptions, response timelines, fee structures, and enforcement mechanisms. What is readily accessible in one state may be more restricted in another.

When researching records, it is crucial to identify whether the records you seek are held by a federal agency (subject to FOIA) or a state or local entity (subject to the applicable state law). The FOIA.gov website provides guidance on submitting federal FOIA requests, including agency contact information and online submission portals. For state-level requests, consult the specific state's public records statute and the relevant agency's procedures.

Response timelines and costs for public records requests vary substantially depending on the agency, the complexity of the request, and the applicable legal framework. Understanding typical patterns can help you plan your research and set realistic expectations.

For federal FOIA requests, agencies are required by statute to respond within twenty business days of receiving a request, though this deadline is frequently extended for complex requests or when agencies face backlogs. Agencies must acknowledge receipt of your request and may provide interim status updates. Extensions are permitted when requests involve voluminous records, require consultation with other agencies, or raise complex legal issues regarding exemptions.

State public records laws establish their own timelines, which range from immediate access for readily available records to several weeks for requests requiring extensive search and review. Some states impose strict deadlines with penalties for non-compliance, while others provide more flexible timeframes.

Regarding costs, agencies may charge fees for searching, reviewing, and duplicating records. Fee categories and rates are typically established by regulation or statute. Many agencies offer fee waivers for requests that serve the public interest, such as those from journalists or researchers. To minimize costs and processing time, craft narrow, well-scoped requests that identify specific record types, date ranges, and subject matter rather than broad requests for "all records related to" a topic.

Public records laws balance transparency with the need to protect certain categories of sensitive information. Both FOIA and state public records statutes include exemptions that permit or require agencies to redact or withhold specific types of content. Understanding these exemptions helps you anticipate what information may be unavailable and provides grounds for challenging inappropriate withholdings.

Common exemption categories include personal privacy (such as Social Security numbers, medical information, and personnel records), law enforcement investigations (to protect ongoing cases and confidential sources), national security and classified information, trade secrets and confidential business information, attorney-client privilege and deliberative process materials, and information that could endanger individuals if disclosed.

When agencies redact or withhold records, they are generally required to cite the specific exemption justifying the action. If you believe records have been improperly withheld, most jurisdictions provide administrative appeal processes and, ultimately, judicial review. The FOIA.gov website explains the federal exemptions and appeal procedures in detail. Persistence and familiarity with applicable exemptions can often result in obtaining additional records on appeal.

Verifying the authenticity and accuracy of records obtained online is essential before relying on them for any significant purpose. The internet contains both official government sources and unofficial compilations of varying reliability. A systematic verification approach protects against errors, outdated information, and deliberate misinformation.

Begin by confirming the custodian agency—the government office responsible for creating and maintaining the record. Official records should be traceable to a specific agency with contact information you can verify independently. Check record identifiers such as docket numbers, parcel IDs, filing dates, and case numbers against the issuing agency's systems when possible. Review metadata, filing stamps, and agency seals that indicate official status.

Cross-reference the information in the record with reputable secondary sources. Established news organizations like Reuters often report on matters reflected in public records, providing independent confirmation and context. Academic research and reports from recognized nongovernmental organizations can also corroborate or contextualize record contents. When discrepancies arise between sources, investigate further before drawing conclusions.

Using public records for employment screening, tenant screening, or other background check purposes involves significant legal and ethical considerations. While public records are by definition accessible to the public, their use for certain purposes is regulated by federal and state laws designed to protect individuals from unfair treatment based on inaccurate or incomplete information.

The Fair Credit Reporting Act (FCRA) establishes requirements for consumer reporting agencies and employers who use background reports in employment decisions. These requirements include obtaining consent, providing adverse action notices, and ensuring accuracy of information. State laws may impose additional restrictions on the use of criminal records, credit information, and other data in employment contexts.

The Federal Trade Commission provides guidance on FCRA compliance for employers and background screening companies. Before using public records for hiring or screening purposes, consult this official guidance and consider seeking legal counsel to ensure your practices comply with all applicable federal, state, and local requirements. Ethical considerations also counsel caution in how records are interpreted and applied to individual circumstances.