What to Do If You Are Denied Access to Public Records

What to Do If You Are Denied Access to Public Records

Whether you're researching property ownership, looking into local government spending, or investigating a business for legal or journalistic purposes, public records are supposed to be accessible to everyone. But what happens when your request is denied? If a government agency won’t release the documents you’re legally entitled to, it can feel like a roadblock to transparency and accountability.

Here’s what to do if you’re denied access to public records—and how to assert your right to information under federal or state laws.

1. Know Your Rights Under Public Records Laws

In the United States, access to government records is protected by:

  • Freedom of Information Act (FOIA) – Applies to federal agencies

  • State Public Records Laws or “Sunshine Laws” – Each state has its own version

These laws typically give you the right to request:

  • Emails, memos, reports, and meeting minutes

  • Budgets, audits, and contracts

  • Licensing, inspection, and enforcement records

Certain exceptions apply (e.g., classified info, personal privacy, ongoing investigations), but denials must be justified in writing.

2. Make Sure Your Request Is Clear and Specific

If your public records request is denied, the first step is to review your original request. Was it:

  • Too broad or vague?

  • Missing specific dates, topics, or names?

  • Not submitted to the correct office or contact person?

Agencies often deny overly broad or improperly submitted requests. Rewriting the request with more detail may improve your chances of approval.

3. Request a Written Explanation

Government agencies that deny access must typically provide a written explanation that includes:

  • The legal reason for the denial (e.g., exemption under FOIA or state law)

  • The specific statute or regulation being cited

  • Information about your right to appeal

Request this explanation if it wasn’t already provided. It will form the basis of your next steps.

4. Appeal the Denial

Almost all jurisdictions allow you to file an administrative appeal. This is usually a formal letter or form that asks the agency to reconsider your request.

Include:

  • A copy of your original request

  • The denial letter or justification

  • A legal argument explaining why the exemption doesn’t apply

  • Any relevant case law, agency precedent, or public interest rationale

Deadlines to appeal vary—some as short as 10 to 30 days. Be sure to act promptly.

5. Narrow or Refocus Your Request

If your request is denied due to being too broad or burdensome, consider breaking it down into smaller, more targeted requests. Instead of asking for “all documents related to housing development in 2023,” you could request:

  • Emails from a specific official

  • Reports generated between certain dates

  • Specific files referenced in a meeting agenda

This approach shows cooperation and increases the likelihood of partial disclosure.

6. Use the Power of Public Interest

Government agencies often consider the public interest in deciding whether to release information. If your request involves:

  • Environmental hazards

  • Police misconduct

  • Public health issues

  • Government spending

You can argue that disclosure serves the public and outweighs any claimed exemptions. Mention this explicitly in your appeal or any follow-up correspondence.

7. Consult a Watchdog Organization or Journalist

Many nonprofit groups and investigative journalists have experience navigating FOIA and public records laws. They can:

  • Provide sample letters and appeals

  • Suggest alternative ways to frame your request

  • Publicize refusals and pressure agencies to respond

Examples include the Reporters Committee for Freedom of the Press, National Freedom of Information Coalition, and state-based First Amendment advocacy groups.

8. File a Formal Complaint or Lawsuit

If the agency refuses to comply—even after an appeal—you may need to escalate. Depending on your situation, you can:

  • File a complaint with the state attorney general or oversight board

  • File a lawsuit in civil court to compel the agency to release the records

Lawsuits can be effective but time-consuming and may require legal assistance. Courts have ordered agencies to release records and even pay legal fees when agencies violated transparency laws.

9. Protect Yourself Against Retaliation

If your records request relates to exposing corruption, environmental violations, or civil rights concerns, you may face:

  • Pushback from agencies

  • Surveillance or scrutiny

  • Negative press or personal attacks

If you feel unsafe or targeted because of a public records request, document all communications and consider seeking legal advice immediately. Whistleblower laws and constitutional protections may apply.

10. Be Persistent

Government transparency isn’t always easy—but persistence pays off. Even if you’re denied access at first:

  • Try multiple versions of your request

  • Appeal using available channels

  • Reach out to other agencies or departments for the same records

  • Follow up regularly and document all attempts

Public records belong to the people. Don’t let bureaucratic resistance stop you from exercising your rights.

Protect Yourself with LegalShield
If you’re facing stonewalling from public agencies, denied access to records, or retaliation for requesting transparency, LegalShield can help. Our legal network gives you access to experienced attorneys who can guide you through FOIA requests, write appeals, and even represent you in court if needed. Public records access is your right—LegalShield makes sure you can use it. Click here to discover how LegalShield empowers citizens to hold institutions accountable.

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