California FOIA procedures

California FOIA procedures
FOIA laws in California
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in California as of May 2025. On this page you will find:

• How to request public records
• Who may request public records
• Fees associated with public records requests
• Required response times for requests
• Exemptions to public records requests

How to request public records in California

The California Public Records Act, found in California Government Code Sections 7920-7931, does not stipulate a particular method for submitting public information requests. Requests for public records of public agencies must be made directly to the agency in question. For example, an individual requesting public records from the California Attorney General should submit that request to the attorney general's office.

Purpose and use

California law does not require a statement of purpose when requesting records. Per Section 7921.3 of the Government Code, "This division does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure."

However, the law does state that law enforcement may disclose the current address of every individual arrested by the agency only "if the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, or that the request is made for investigation purposes by a licensed private investigator."

Who may request public records?

See also: List of who can make public record requests by state

According to California Government Code Section 7922.525, every person has a right to make a public records request:

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Public records are open to inspection at all times during the office hours of a state or local agency and every person has a right to inspect any public record, except as otherwise provided.

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California is among 42 states that do not require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

California law allows a fee to be charged to cover the cost of responding to a public records request, as well as any fees authorized by statute. According to California Government Code Section 7922.530:

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Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.

”

Response time

See also: Request response times by state

The California Public Records Act stipulates that an agency must "make the records promptly available."

Agencies have 10 days to determine if requested records are disclosable, except for unusual circumstances in which the response time may be extended up to 14 days. According to California Government Code Section 7922.535:

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(a) Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor. If the agency determines that the request seeks disclosable public records, the agency shall also state the estimated date and time when the records will be made available. (b) In unusual circumstances, the time limit prescribed in this article and Article 1 (commencing with Section 7922.500) may be extended by written notice from the head of the agency or a designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days. (c) As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request: (1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein. (4) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. (5) The need to search for, collect, and appropriately examine records during a state of emergency proclaimed by the Governor in the jurisdiction where the agency is located when the state of emergency currently affects, due to the state of emergency, the agency’s ability to timely respond to requests due to staffing shortages or closure of facilities where the requested records are located. (A) This paragraph shall not apply to a request for records created during and related to the state of emergency proclaimed by the Governor. (B) For purposes of this paragraph, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2).

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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

Exemptions to the California Public Records Act are outlined in Sections 7922.200 - 7922.210, and 7930 - 7930.215.

The law includes a general exemption that says, "An agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this division, or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record."

See also

• Freedom of Information Act

External links

• California Government Code
• California State Archives