What is a FOIA request?
FOIA stands for the Freedom of Information Act. It is a federal law that gives people the right to request records from federal government agencies. But most criminal cases are handled by local or state agencies, not federal ones. That means:
If the case involves the FBI or another federal agency, you would file a FOIA request.
If the case was or is handled by local police, a sheriff, or state investigators, you would file a request under your state’s public records law.
People often use the word “FOIA” as a general term, but the exact law and process depend on where the records are held.
KNOW BEFORE YOU FILE
The Basics
Who can request records?
In most cases:
If you are a family member or loved one, you can absolutely make a request. But it’s important to understand:
What kinds of records can you ask for?
You can request records that already exist. This may include:
You are asking for existing documents, not asking the agency to answer questions or investigate further.
What varies by state?
This is where things can change a lot. Each state has its own public records law, and those laws control:
For example:
There is no single nationwide rule for state and local records.
HOW TO FILE A REQUEST
10 steps to requesting case records
Step 1: Identify the right agency
Start by figuring out who has the records.
Ask:
- Which agency investigated the case?
- Was it city police, a county sheriff, or state police?
- Was a coroner or medical examiner involved?
- Did they receive assistance from an outside agency?
- Was there any federal involvement?
You need to send your request to the specific agency that holds the records.
Step 2: Use state-specific resources
Because every state is different, it helps to look up your state’s exact rules before you file.
Two strong starting points:
- Your state’s public records law page (often on a government website)
- National resources that compile state-by-state guides
Search for:
- “[your state] public records law”
- “[your state] open records request”
This resource compiles the official public records laws for every state, which can help you understand the rules behind what agencies are allowed to release: https://www.nfoic.org/state-freedom-of-information-laws/
This resource includes sample request templates for each state if you want a starting point for how to write your request: https://www.nfoic.org/state-sample-foia-request-letters/
Step 3: Decide what you’re asking for
Be as specific as possible.
Instead of asking for:
- “everything related to the case”
Try asking for:
- the initial incident report
- dispatch or call logs
- 911 audio or transcripts
- any releasable investigative reports
- a final case status or closing report, if available
Clear requests are more likely to be processed faster and with fewer issues. You are not limited to one request. So if you realize you missed something, you can always go back and make another request.
Step 4: Gather key details
Before writing your request, collect what you can:
- Victim’s full name
- Date of the incident
- City and state
- Name of the agency
- Case number (if you have it)
- Names of officers or detectives, if known
If you don’t have all of this, you can still submit a request.
Step 5: Write your request
Your request does not need to be complicated or sound legal. It just needs to clearly explain what you’re asking for.
Here’s a simple template you can use:
To Whom It May Concern,
I am requesting copies of records related to the case involving [victim’s full name], connected to the incident that occurred on or about [date] in [city/state].
Specifically, I am requesting any available:
- Incident or offense reports
- Arrest records, if applicable
- Dispatch or call logs
- 911 audio or transcripts
- Any releasable investigative records
- Records showing case status or closure, if available
If possible, please provide these records electronically by email.
If any portion of this request is denied, please provide the reason and the legal basis for the denial.
If fees will exceed [$25/Any amount you set], please notify me before processing.
You can contact me at:
[full name]
[email]
[phone number]
Thank you,
[Name]
If it helps to see more examples, this resource includes sample request templates for each state that you can use as a starting point: https://www.nfoic.org/state-sample-foia-request-letters/
Step 6: Submit your request
Go to the agency’s website and look for:
- “Public Records Request”
- “Open Records”
- “FOIA” (even if it’s a state agency, they may still use this term)
You may be able to submit your request:
- Through an online form
- By email
- By mail
- By fax, for some of the smaller agencies that do not have updated technology
Follow the instructions listed by that specific agency.
Step 7: Wait for a response
After you submit your request, the agency will respond in one of several ways:
- They provide the records (with or without redactions)
- They provide some records
- They deny the request
- They ask for more time or clarification
- They request payment before releasing records
Response times vary by state and by agency.
Step 8: Understand why records might be withheld
Even if you believe your request is valid, it may be denied or partially denied.
Common reasons include:
- The case is still active
- Releasing the records could harm the investigation
- The records contain sensitive or graphic details
- The records involve minors
- The records include protected personal information
This is part of how the law works, not a reflection of your request.
Step 9: If your request is denied
If you are denied access:
- Ask for the reasoning in writing if it is not provided
- Ask if part of the record can still be released
- Consider narrowing your request
- Check whether your state allows an appeal
In some cases, records may become available later if the case status changes. Don’t think of it as a “No, never”; think of it as “No, not right now” and check back as time passes, there are case status changes, or departmental changes.
Step 10: Take care of yourself in the process
Requesting records can be time-consuming and emotional.
You are allowed to:
- Take breaks
- Ask for help
- Decide not to continue
Some families pursue records. Others don’t. Both choices are valid.
Support may be available through:
- Victim advocacy organizations
- Legal aid groups
- Community resources



