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FBI FOIA Request: Complete Filing Guide for Citizens

beginnerBy OPV Editorial||10 min read

The Freedom of Information Act gives every person the right to request records from federal agencies including the FBI. This guide walks through the complete process from drafting your request to appealing denials, with templates and practical tips for maximizing your chances of obtaining responsive records within a reasonable timeframe.

Prerequisites

  • US mailing address or email for receiving responses
  • Basic understanding of what records you are seeking
  • Patience for processing times averaging 6-12 months
1

Determine What Records You Want

Be as specific as possible about the records you seek. Instead of requesting everything about a topic, identify specific document types, date ranges, and subjects. The more specific your request, the faster it will be processed and the less likely it will be denied as overly broad. Review the FBI FOIA Library at vault.fbi.gov to see if responsive records have already been released.

Tip: Check the FBI Vault at vault.fbi.gov before filing. Many common requests have already been processed and posted publicly.

2

Draft Your FOIA Request Letter

Address your request to the FBI FOIPA Request, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA 22602, or submit electronically through efoia.fbi.gov. Include your full name, mailing address, a clear description of records sought, the date range, and a statement of willingness to pay reasonable duplication fees. Reference 5 USC 552 as your statutory authority.

Tip: Include the phrase "I request a fee waiver as disclosure of this information is in the public interest" if applicable to your request.

3

Submit and Track Your Request

Submit electronically through efoia.fbi.gov for fastest processing, or mail to the Winchester address. You will receive an acknowledgment letter with a request number within 2-4 weeks. Use this number to check status through the eFOIA portal. Average processing time is 6-12 months for simple requests, longer for complex or multi-page requests.

Warning: The FBI processes requests in the order received. There is no way to expedite standard requests unless you demonstrate exceptional urgency or a threat to life.

4

Review Response and Exemptions

The FBI will release records with redactions under nine FOIA exemptions. Common exemptions include 7(A) for ongoing investigations, 7(C) for personal privacy of individuals mentioned, and 7(D) for confidential source protection. Review each exemption cited and determine whether the redaction appears justified or if the exemption was applied too broadly.

5

File an Administrative Appeal if Denied

If your request is denied in whole or part, you have 90 days to file an administrative appeal with the DOJ Office of Information Policy, Suite 11050, 1425 New York Avenue NW, Washington, DC 20530-0001. Your appeal should explain why you believe the denial was improper and cite any applicable case law supporting disclosure. Appeals are free to file.

Tip: Many initial denials are overturned on appeal. Always appeal before considering litigation.

6

Consider Litigation if Appeal Fails

If your administrative appeal is denied, you can file a FOIA lawsuit in federal district court. You may file in the district where you reside, where the records are located, or in the District of Columbia. FOIA plaintiffs can recover attorney fees if they substantially prevail. Several nonprofit organizations provide free FOIA litigation assistance for matters of public interest.

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Frequently Asked Questions

How long does a FBI FOIA request take?
Average processing time is 6-12 months for simple requests. Complex requests involving many pages or requiring consultation with other agencies can take years. There is no way to expedite standard requests.
Does the FBI charge for FOIA requests?
The FBI may charge duplication fees for large requests. News media, educational, and noncommercial scientific requesters receive the first 100 pages free. You can request a fee waiver based on public interest.
What if the FBI denies my request?
You have 90 days to file a free administrative appeal with the DOJ Office of Information Policy. Many initial denials are overturned on appeal. If the appeal fails, you can file suit in federal court.

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