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Detailed Answer

In New York, you can request an amendment to a police report through the agency’s record-corrections process and the Freedom of Information Law (FOIL). Public Officers Law §89 grants you the right to challenge and correct personal records maintained by state and local agencies. Follow these steps:

1. Obtain a copy of the police report: Submit a FOIL request to the records division of the law enforcement agency. Include the incident date, report number, and your contact information. Under Public Officers Law §84, agencies must acknowledge your request within five business days.
2. Identify inaccuracies: Carefully review the report for incorrect names, dates, descriptions, or factual statements.
3. Prepare a written correction request: Under Public Officers Law §89, draft a letter to the agency head or records custodian. Include:
   • Your full name and address
   • Report details (date, report number, officer badge number if available)
   • Specific errors and your proposed corrections
   • Copies of supporting documents (photos, witness statements, receipts)
4. Submit your request: Send the letter via certified mail or the agency’s official submission portal to create a record of your request.
5. Agency review: The agency must respond within 30 days. They will either:
   • Agree and amend the report, or
   • Decline and state reasons in writing.
6. Appeal if denied: If the agency refuses, you may:
   • File an appeal with the New York State Committee on Open Government (COOG).
   • Bring an Article 78 proceeding under the Civil Practice Law and Rules §7801 to compel correction.

For corrections related specifically to criminal records or dispositions, you can also petition the State Division of Criminal Justice Services or consult a prosecutor’s office. If internal procedures don’t resolve the issue, consider speaking with an attorney experienced in FOIL and civil litigation.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your individual situation.

Helpful Hints

• Keep detailed records of all communications with the agency, including dates and the names of contacts.
• Provide as much identifying information as possible (report number, incident location, officer badge number).
• Use clear, concise language when describing inaccuracies and proposed corrections.
• Send documents via certified mail or another service that provides delivery confirmation.
• If you face repeated denials, consider seeking legal counsel to evaluate next steps.