FastCounsel

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

Under Massachusetts law, police reports qualify as public records governed by the Mass. Gen. Laws ch. 66, § 10. You can request both a copy of the report and an amendment to correct errors. Follow these steps:

1. Obtain the Report: Submit a public records request in writing to the custodian of records at the law enforcement agency involved. Include your name, incident date, report number (if known), and a description of the requested document. The agency must respond within 10 business days.
2. Identify Incorrect Details: Review the report and highlight specific errors—wrong dates, misquoted statements, or factual mistakes. Note page numbers, line items, or fields that need correction.
3. Draft a Written Amendment Request: Address it to the Records Access Officer or designated custodian. In your letter, include:
   • Your contact information.
   • Report title, incident date, and report number.
   • Exact location of each inaccuracy in the document.
   • Clear statement of the correct information.
   • Supporting documentation (photographs, receipts, affidavits) to substantiate the correction.
4. Agency Response: The agency must acknowledge receipt within 10 business days. They may approve the amendment, deny it, or ask for clarification.
5. If Denied or Partially Denied:
   • File an internal appeal with the agency’s supervisory authority within 10 business days of denial.
   • If the appeal fails, you may escalate to the Supervisor of Records at the Massachusetts Attorney General’s Office under 950 CMR 32.08, the regulations implementing the Public Records Law.
   • As a last resort, you can seek judicial relief in Superior Court through mandamus or injunctive relief under Mass. Gen. Laws ch. 66, § 11A. A court may order the agency to amend the record or attach a statement of correction.
6. Attach a Statement of Disagreement: If the agency refuses to change the report, Massachusetts law allows you to submit a brief statement of the correct facts. The agency must keep this statement with the record and include it in any future disclosures.

Helpful Hints

• Be precise: Identify page numbers and line items for each error.
• Use certified mail or email with read receipt to track submissions.
• Keep copies of all correspondence, requests, and supporting documents.
• Review department-specific policies—some police departments publish amendment procedures online.
• Know the deadlines: 10 business days to respond and 10 business days to appeal.
• If you need assistance navigating appeals or court filings, consider consulting an attorney experienced in public records law.