Accuracy update — reviewed August 7, 2026. FOIA applies to federal executive-branch agencies. State and local records are governed by each state’s public-records or open-records law. A request should name the correct law and be sent to the agency that actually has custody.
Federal FOIA versus state law
The federal Freedom of Information Act, 5 U.S.C. § 552, provides access to federal agency records subject to nine exemptions and other statutes. It does not govern state courts, county clerks, municipal agencies, or state child-support agencies.
Massachusetts requests are governed by the Massachusetts Public Records Law and related regulations. The Secretary of the Commonwealth publishes an official Guide to the Massachusetts Public Records Law and an appeal procedure. Other states have different custodians, deadlines, exemptions, fee rules, and appeal paths.
Write a request that can be searched
- Identify the agency, division, program, and likely record custodian.
- Describe records—not questions—and include useful names, dates, case numbers, contract numbers, and record types.
- Use a reasonable date range and request electronic production where practical.
- Ask for nonexempt portions and an index or explanation of each withholding.
- Request advance notice before fees exceed a stated amount.
- Keep proof of submission and every response.
When the response is incomplete
Compare the response to the wording of the request. Determine whether the agency asserted no responsive records, withheld records, redacted portions, required clarification, assessed fees, or claimed that another custodian holds the records. Appeal under the correct law and deadline. In Massachusetts, the official guidance states that many appeals to the Supervisor of Records must be filed within 90 calendar days, with copies of the request and response.
Records that often matter in enforcement research
Useful categories can include cooperative agreements, contracts, cost-allocation plans, policies, training materials, audit reports, communication logs, service records, payment ledgers, and data-sharing agreements. Privacy, tax, juvenile, personnel, and investigatory exemptions may limit disclosure.
For record-request and organization tools, see the clearly separate external Fathers Unchained Record Authority Starter Kit.
Educational information only. This article is not legal advice.