Federal public records

Federal public records: separate agency files, court cases and archival holdings

Federal records split into at least three major routes: executive-agency records under FOIA, federal court cases through the judiciary, and older transferred holdings at the National Archives. Choosing the wrong route creates avoidable delay.

Source and access map

Federal does not mean one database

Before searching a name or topic, decide whether the source is an executive agency, a federal court or an archival collection.

FOIA is an agency-record lawFederal agencies disclose requested records unless an exemption or other legal restriction applies.
Federal court records use PACERPACER is the judiciary’s electronic access service and is separate from executive-agency FOIA.
Archival records may be at NARATransferred federal holdings can follow National Archives research and FOIA procedures rather than the creating agency’s current system.
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What should you know about this search?

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Direct answer

For federal public records, first identify the branch and custodian. Request executive-agency records through the relevant agency’s FOIA office; search federal court cases through PACER or the specific court; and check the National Archives for transferred historical holdings. These systems overlap in subject matter but not in legal custody or access workflow.

Match the federal record to the system that legally holds it

Record familyPrimary routeTypical examplesKey boundary
Executive-agency records Agency FOIA office Reports, correspondence, policy files, contracts and agency case material FOIA can withhold protected portions under statutory exemptions.
Federal court records PACER or the filing court Dockets, motions, orders, judgments and other public filings The judiciary is not routed through an executive-agency FOIA office.
Transferred archival holdings National Archives Older agency records transferred into archival custody Many unrestricted archival records are researchable without filing a FOIA request.
Congress/Supreme Court archival material Branch-specific or archival research route Legislative/judicial historical collections NARA notes that FOIA does not apply in the same way to Congress and judicial-branch archival records.

Choose the federal route before drafting a search

1
Name the creating bodyIdentify the agency, federal court, commission or other institution that created the record rather than searching “federal” as a single category.
2
Check whether custody movedFor older material, verify whether records remain operational at the agency or were transferred to the National Archives.
3
Use the native search layerSearch PACER for federal cases, agency reading rooms for posted records, or the Archives catalog/research route for historical holdings.
4
Write a focused request only if necessaryDescribe existing records, dates, offices and identifiers instead of asking an agency to conduct research or answer an open-ended question.

Federal sources answer different questions

When FOIA is the right route

  • The record is maintained by a federal executive agency.
  • The information is not already posted in a reading room or public dataset.
  • You can reasonably describe the existing record or record set sought.

When FOIA is not the first route

  • The target is a federal court case available through PACER or the filing court.
  • The target is an unrestricted archival holding already open for research at NARA.
  • The target is a state, county or municipal record outside federal-agency custody.

Build a federal request around custody and record description

Request elementWhat to includeWhat to avoid
Agency/component Office, bureau or program likely to maintain the records Sending the same broad request to unrelated agencies.
Record description Document type, subject, file/case number, office and date range Asking the agency to create a report or answer a research question.
Identity/privacy Required identity certification for records about yourself where applicable Assuming records about another person are fully releasable despite privacy protections.
Delivery/fees Preferred format and a reasonable fee limit if needed Ignoring potential search/duplication fees until after processing begins.

Federal online access is fragmented by branch, custodian and record age

FOIA.gov is a central guide and request-routing resource, not a complete database of every federal document. It helps locate agency FOIA offices and already-posted material. PACER, by contrast, is a court-record system: it can search federal cases by court or nationwide index and then provide docket or document access.

The National Archives adds a third layer. A historical federal record may have left the originating agency’s day-to-day custody and moved into archival holdings. NARA recommends checking catalog and research options first because unrestricted holdings often can be used without a FOIA request.

Where this page was verified

External sources are marked nofollow.

1
FOIA.gov - What is FOIA?
Source
2
FOIA.gov - Frequently Asked Questions
Source
3
PACER - Federal Court Records
Source
4
National Archives - Freedom of Information Act
Source
5
National Archives - How to file a FOIA request
Source

Federal public records: separate agency files, court cases and archival holdings: common questions

Federal court records use judiciary systems such as PACER and the filing court rather than the executive-agency FOIA workflow.
No. NARA explains that many unrestricted archival records are available for research without a FOIA request.