A no-responsive-records answer means the agency says its search found nothing matching your request as written. It can be an accurate answer, and it is not proof of a cover-up. Federal FOIA defines what an agency search is, so ask how the agency searched, then refile, re-aim or appeal.

Picture a hypothetical requester who asks a county agency for the inspection log on a public building and gets back one sentence: no responsive records. That sentence covers very different situations. Maybe the log was never made, maybe it was disposed of under a retention schedule, or maybe somebody looked in the wrong drawer, and the email does not say which.

A no-responsive-records response is an agency’s statement that its search turned up no records matching the request.

The statute defines the search, not the result

The federal Freedom of Information Act, 5 U.S.C. § 552, defines the job for federal agencies. Under § 552(a)(3)(D), to search “means to review, manually or by automated means,” agency records to locate the ones responsive to a request. Section 552(a)(3)(C) says an agency “shall make reasonable efforts to search for the records in electronic form or format,” except when such efforts would significantly interfere with the operation of its automated information system.

Notice what the statute does not promise: that the record exists. FOIA.gov states that FOIA “does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests.” A dispute over a no-records answer therefore turns into a question about the search. In Wiggins v. DOJ, No. 20-3565, 2025 WL 885097 (D.D.C. Mar. 21, 2025), as summarized by the Justice Department’s Office of Information Policy, the agency had located records and the requester said more were missing. A federal trial court relied on the agency’s declaration, which described the system searched, and found the search was “reasonably calculated to uncover all relevant documents.” The same court wrote that “Plaintiff’s assertion of missing records is not enough” without evidence to counter the search.

In Wiggins, the court looked at how the agency searched, not at what the requester believed should have turned up. The requester’s assertion alone did not carry the day, while a description of where an agency looked and where it did not is something you can actually check.

Each state handles a different piece of the empty answer

FOIA’s definition of agency in § 552(f)(1) covers establishments in the executive branch of the federal government, and a city, county or school district generally answers under its own state’s law. The difference between FOIA and state records laws decides which rule you cite. Three labeled examples cover different pieces of the problem: Michigan’s no-records certificate, a Washington search standard and Florida’s disposal rule.

Michigan’s rule is the quotable one. Under the Freedom of Information Act, Act 442 of 1976, MCL 15.235(5) makes a written denial “a public body’s final determination” on the request, and when the reason is that the record does not exist, the notice includes that certificate. In Washington, the text of WAC 44-14-04003 adds that “One of the most important parts of an adequate search is to decide how wide the search will be.” In Florida, the 2026 Florida Statutes tie disposal to retention schedules set by the Division of Library and Information Services. Other states set their own rules, so read your state’s statute before you cite anything.

Ask for the map they searched with

The answer to an empty response is a short, specific letter. It lands harder when the original request asked for a document by name, which is the whole point of naming the document you want instead of a topic.

1. Re-read your own request. Federal FOIA asks for a request that “reasonably describes such records” (§ 552(a)(3)(A)). If you asked for a topic, the agency searched for a topic, so rewrite it around a named document, a date range and the office that would hold it.
2. Ask how the search was done. In writing, ask which offices or employees were asked, which systems and files were searched, what search terms were used and what date range was covered. None of the rules quoted here requires the agency to answer that question, so treat it as a request. It is the same kind of information the agency’s declaration put in front of the court in Wiggins.
3. Point to the rule that should have produced the paper. If a written policy, form or schedule says the record gets made, cite it and ask for the record it produces. In Florida, if the agency says the record existed but is gone, ask which retention schedule authorized its disposal under s. 257.36(6).
4. Refile with better identifiers. Add the names of the offices involved, case or permit numbers, and the exact title of the form, so the next search has something specific to match.
5. Appeal if you are not satisfied. For a federal agency, FOIA.gov says you may file an administrative appeal if you are not satisfied with the initial response, typically by sending a letter or e-mail to the designated appeal authority, and “There is no fee or cost involved.” Watch the deadline: if the letter is an adverse determination, § 552(a)(6)(A)(i) requires notice of the right to appeal within a period the agency sets, not less than 90 days after the determination. FOIA.gov also suggests contacting the agency’s FOIA Public Liaison first, and it notes the option of mediation from the Office of Government Information Services once the administrative appeal process is complete. In Michigan, MCL 15.235(5)(d)(i) describes a written appeal to the head of the public body that specifically states the word appeal and identifies the reasons for reversal. Other states set their own routes and deadlines.

None of this promises a record. The log may never have been written, and a certified statement that it does not exist is a real answer you can use. If the question turns into whether the agency broke the law, that is a question for an attorney licensed in your state.

An empty folder still shows where somebody looked. Ask which folder.

Where REVOLT fits in

REVOLT Training works both sides of the public records table: it teaches people who file requests and runs governance diagnostics for institutions. Its Must Exist method is to find the written rule an agency adopted for itself, work out what paper it produces, and ask for that paper by name, citing the rule. The FOIA Engineering Playbook is free, and the Must Exist Autopsy is a live class on public records request practice.

REVOLT treats an agency’s certification that no responsive record exists as a legitimate result, not a failure, and it does not promise that any agency will produce any particular record. It does not provide legal representation or legal advice. If your question turns on a specific denial, an unfamiliar exemption or another state’s statute, book a call.

FAQ

Does a no-records answer mean the agency is hiding something?

No, not by itself. FOIA.gov says federal agencies are not required to create new records or answer questions, so a record that was never made cannot be produced. What you can test is the search: in Wiggins v. DOJ, a federal trial court looked at whether the search was “reasonably calculated to uncover all relevant documents.”

Can I be charged search fees if the agency finds nothing?

For a federal request, possibly, if you agreed to pay search fees. FOIA.gov states that if you agree to pay fees for a records search, “you may be required to pay such fees even if the search does not locate any releasable records.” FOIA.gov also says you may include in your request a statement limiting the amount you are willing to pay in fees.

Does a Michigan agency have to certify that a record does not exist?

When nonexistence is the reason for denying a request, yes. MCL 15.235(5)(b) requires the written denial to contain a certificate that the record does not exist under the name given by the requester or by another name reasonably known to the public body, and MCL 15.235(5)(d) requires an explanation of your appeal rights.

Can I appeal a federal no-records response?

Yes. FOIA.gov says you may file an administrative appeal if you are not satisfied with the agency’s initial response, usually by letter or e-mail to the designated appeal authority, at no cost. It also suggests contacting the agency’s FOIA Public Liaison before you appeal.

Sources

• 5 U.S.C. § 552, Freedom of Information Act (Legal Information Institute, Cornell Law School). Retrieved 2026-10-20.
• Wiggins v. DOJ, No. 20-3565, 2025 WL 885097 (D.D.C. Mar. 21, 2025), court decision summary (Office of Information Policy, U.S. Department of Justice). Retrieved 2026-10-20.
• Frequently Asked Questions (FOIA.gov, U.S. Department of Justice). Retrieved 2026-10-20.
• MCL 15.235, Michigan Freedom of Information Act (Michigan Legislature). Retrieved 2026-10-20.
• WAC 44-14-04003, Responsibilities of agencies in processing requests (Washington State Legislature). Retrieved 2026-10-20.
• Florida Statutes s. 257.36, Records and information management (The Florida Senate). Retrieved 2026-10-20.