FOIA Appeals: What to Do When Your Records Request Is Denied
Dec. 1, 2025
Access to public records is a cornerstone of transparency and accountability in government. The Freedom of Information Act (FOIA) provides individuals the right to request records from federal, state, and local agencies. However, it's not uncommon for requests to be delayed, partially fulfilled, or outright denied.
Receiving a denial can feel frustrating, especially when you're seeking information critical to research, legal matters, or personal concerns. Understanding your options after a denied FOIA records request can help you take meaningful steps to obtain the information you need.
At Michael Kuzma Attorney at Law, based in Buffalo, New York, I assist clients, who are facing challenges with denied FOIA records. If your request has been denied, acting promptly and strategically can make a significant difference in whether your records are ultimately released. Contact me today to discuss your case
An Intro to FOIA and Your Rights
The Freedom of Information Act was enacted to give the public access to records held by government agencies. Its intent is to promote transparency and prevent unnecessary secrecy. FOIA applies to federal agencies, while many states have their own public records laws with similar provisions. FOIA generally allows you to request:
Agency reports and studies: Documents created by government agencies to track programs, initiatives, or outcomes.
Meeting minutes and agendas: Records from public meetings of agencies, boards, and commissions.
Correspondence and emails: Communication between government officials that relates to policy, decision-making, or program implementation.
Financial records: Budgets, contracts, and spending reports that detail how public funds are used.
While FOIA is designed to provide access, the law includes exemptions for sensitive information. Exemptions cover areas such as national security, ongoing investigations, and particular privacy concerns. These exemptions can result in FOIA records being denied if the agency determines the information is protected.
Common Reasons Requests Are Denied
Understanding why your request was denied can inform the best approach for appeal. Agencies typically deny requests for one of several reasons:
Exempt information: The agency claims that the records fall under a FOIA exemption, such as internal communications or national security.
Incomplete or vague request: Requests that don't clearly describe the records needed may be denied because the agency can’t identify what you're seeking.
Records not maintained: The agency may assert that the records you requested don’t exist or aren’t under its control.
Excessive fees: Some requests can be denied if the agency estimates that the cost of compiling and providing the records exceeds what the requester is willing or able to pay.
Requesting format issues: Agencies may deny requests if they can’t provide the records in the specified format or if they require clarification on your preferred format.
Recognizing the reason for a denied FOIA records request is crucial, as each denial type may have a different appeal path. Contact a reliable attorney to learn more about your options.
Preparing Your FOIA Appeal
Once you’ve received a denial, preparing a strong appeal is the next step. A well-prepared appeal increases the likelihood of success and reduces delays.
Review the Denial Notice: Carefully read the agency’s explanation. Take note of which exemption or procedural reason was cited.
Check Deadlines: FOIA appeals have a strict 90-day timeline. Missing this deadline may forfeit your right to appeal.
Gather Supporting Documentation: Collect any evidence or arguments that show why the denial may be incorrect, such as prior public disclosures, legal precedents, or clarifications of your request.
Clarify Your Request: If the denial cited vagueness, rewrite the request to specify the records more clearly, including dates, subjects, or types of documents.
Speak with an attorney who has the resources and experience to guide you in the right direction. Schedule a consultation today.
Drafting an Effective Appeal Letter
An appeal letter is the formal document that initiates the FOIA appeal process. Writing a clear and organized appeal is key. Your appeal letter should include:
Contact information: Include your full name, address, phone number, and email address.
Description of the denied request: Clearly reference your original FOIA request, including submission date and any reference numbers provided by the agency.
Reason for appeal: Explain why the agency’s denial should be reconsidered. Reference relevant law, precedents, or factual evidence that supports your position.
Request for reconsideration: State that you formally request the agency to review its denial and provide the requested records.
It’s important to maintain a professional tone and avoid emotional language. Focusing on facts, law, and policy arguments increases the credibility of your appeal.
Administrative Appeal Process
After submitting your appeal, agencies have internal procedures to handle FOIA challenges. Some key aspects of the administrative process include:
Agency review: The agency may assign a different official to re-evaluate the request.
Response timeline: Federal agencies generally have 20 working days to respond to an appeal, though extensions are common in large or complicated cases.
Partial releases: Agencies may choose to release some records while continuing to withhold others under applicable exemptions.
Negotiation: You may be able to communicate directly with the agency to narrow the scope of the request or adjust search parameters, potentially resulting in a quicker release.
It’s important to stay engaged during the administrative appeal. Following up respectfully can demonstrate diligence and keep your request on track.
Judicial Appeal Options
If the administrative appeal is unsuccessful, judicial remedies may be available. Filing a lawsuit can compel the agency to release records if the court finds that the denial was improper.
Filing in federal court: For federal FOIA requests, you can file suit in a United States District Court against the agency.
Legal standards: Courts typically weigh the agency’s exemption claims against the FOIA presumption of disclosure. Agencies must demonstrate that withheld records fall squarely within an exemption.
Court orders and injunctions: Courts can order agencies to release records, provide summaries of redacted materials, or explain why withholding is justified.
Costs and fees: Some lawsuits may allow for the recovery of attorney’s fees and costs if you prevail.
Working with an experienced FOIA lawyer can help frame your appeals' arguments effectively and manage procedural requirements. At Michael Kuzma Attorney at Law, we often represent clients at both administrative and judicial stages, advocating for full disclosure when FOIA records are denied.
Tips for Strengthening Your Appeal
Successfully appealing a denied FOIA records request often comes down to careful planning and attention to detail. Strengthening your appeal can significantly influence how the agency evaluates your request. Consider these approaches:
Be precise: Clearly identify the records sought and the timeframe covered. Avoid vague descriptions.
Reference legal standards: Cite FOIA provisions and case law relevant to your request.
Document prior attempts: Include copies of correspondence or prior communications that demonstrate your persistence.
Explain public interest: If applicable, highlight why the release serves the public interest, which can weigh in favor of disclosure.
Request assistance from agency officials: Some agencies have FOIA officers who can help clarify the request or the reason for denial.
By following these strategies, you improve the clarity and persuasiveness of your appeal, increasing the chances that denied FOIA records will ultimately be released.
Common Mistakes to Avoid
Appealing a denied FOIA records request can be tricky, and certain errors can hurt your chances. Missing deadlines can forfeit your rights, while overly broad requests are more likely to be delayed or denied. Challenging clear exemptions without evidence, leaving out key documentation, or using emotional language can also weaken your appeal.
Avoiding these mistakes makes your appeal more transparent and persuasive, increasing the likelihood of obtaining denied FOIA records.
Alternative Strategies
Even if your initial FOIA request is denied, there are ways to improve your chances of accessing information. Sometimes agencies will provide partial disclosure, releasing records with sensitive portions redacted, which can still offer valuable knowledge. If federal records are unavailable, similar information may be accessible through state or local records requests.
You can also seek assistance from your representatives in Congress to secure the release of sought-after records and/or expedite the processing of your request. Also, oversight offices, such as Inspectors General, which may have independent authority to provide access or intervene. Finally, collaborating with journalists or advocacy groups experienced in public records requests can provide guidance and support in obtaining the information you need.
Handling Delays
Delays are common in FOIA processing and can be frustrating when deadlines or research schedules are tight. Regular follow-ups with the FOIA officer can help keep your request on the agency’s radar, and escalating the appeal to a higher administrative level may speed up review if processing is unusually slow.
It’s also important to document all communications and responses, as keeping a clear record can support further appeals or judicial actions if needed.
Maintaining Realistic Expectations
It’s important to remember that not all denied FOIA records will ultimately be released. Some exemptions are absolute, and certain information is legitimately protected. A successful appeal often depends on the clarity of your request, the persuasiveness of your legal arguments, and procedural diligence.
While pursuing denied FOIA records can be time-consuming, persistence and a strategic approach significantly increase the likelihood of success.
Case Examples
Understanding how FOIA appeals work in practice can be helpful when planning your own strategy. For instance, denied emails from a government official were successfully obtained by narrowing the request to a specific project and emphasizing public interest.
Similarly, denied contract records were released after demonstrating prior disclosure or the absence of proprietary protection. Appeals of denied police reports have also succeeded when they highlighted transparency and public accountability.
These examples illustrate that careful preparation, targeted requests, and a clear understanding of FOIA provisions can turn an initial denial into successful access to records.
How a Lawyer Helps with FOIA Appeals
Having legal guidance when FOIA requests are denied can make the process smoother and more effective. At Michael Kuzma Attorney at Law, we provide support from reviewing the initial denial to filing administrative or judicial appeals. Our approach involves:
Analyzing the denial: Assessing the validity of exemptions cited and identifying weaknesses.
Drafting appeals: Preparing clear, organized, and legally persuasive appeal letters.
Handling communications: Liaising with agency officials to clarify requests or negotiate partial releases.
Pursuing judicial remedies: Filing lawsuits when administrative appeals are unsuccessful and representing clients in court proceedings.
With legal support, you can approach denied FOIA records strategically and with confidence. This guidance can make the difference between a prolonged delay and successfully obtaining the information you’re entitled to.
Contact My Firm Today
If your request for public records has been denied, you don’t have to accept the agency’s decision without question. Michael Kuzma Attorney at Law, serves clients denied access to records under FOIA at both the administrative and judicial levels. Contact me today to discuss your FOIA request and/or appeal and take the first step toward obtaining the information you’re entitled to under the law.