Disclaimer: This article does not provide legal advice. It offers general information about requesting corrections to police reports under Indiana law. For legal advice, consult a licensed attorney.
Detailed Answer
1. Identify the Correct Records Office
Most law enforcement agencies maintain a Records Division or Public Records Office. Visit the agency’s website or call the non-emergency line to confirm the correct contact for records requests.
2. Cite the Indiana Access to Public Records Act
Under the Indiana Access to Public Records Act (IC 5-14-3), you may inspect, copy, and request amendments to public records, including police reports. See I.C. § 5-14-3.
3. Draft a Written Amendment Request
Prepare a letter or email with the following details:
- Report number, date, and officer’s name (if known).
- Clear description of each incorrect detail.
- Supporting documents (e.g., photos, witness statements, bills).
- Your contact information.
4. Submit Your Request
Send the request to the Records Division via certified mail or email. Retain proof of delivery.
5. Follow Agency Procedures
The agency typically has 7–10 business days to acknowledge a public records request under I.C. § 5-14-3-9. They may:
- Correct obvious clerical errors directly.
- Route more substantive disputes to Internal Affairs or a supervisory review.
- Provide written justification if they deny your request.
6. Appeal a Denial
If the agency denies your amendment request, you have 30 days to appeal to the Indiana Public Access Counselor. This is a free administrative review. Visit in.gov/pac for details.
7. Consider Further Remedies
If the Public Access Counselor issues an unfavorable opinion, you can file a civil lawsuit in county court under I.C. § 5-14-3-9(2) to compel correction or challenge the denial.
Helpful Hints
- Keep copies of all correspondence and proof of delivery.
- Be concise and factual. Focus on specific errors.
- Attach clear, legible supporting evidence.
- Record dates and names of agency staff you speak with.
- Follow up politely if you haven’t heard back in 10 business days.
- Consult an attorney if the matter remains unresolved or impacts your rights significantly.