Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Oregon law, police incident reports are public records governed by the Oregon Public Records Law (ORS 192.345). State law does not require agencies to automatically rewrite or delete inaccurate content, but you can request a correction or supplement through the agency’s records division. If the report feeds into criminal history records maintained by the Oregon State Police, you can also invoke the correction procedures in ORS 181.765.
To support your request, submit clear, verifiable evidence that shows the discrepancy or error:
- Body-worn camera and squad car video recordings
- Surveillance footage or dash-cam recordings
- Photographs taken at the scene
- Sworn witness affidavits
- 911 call recordings and transcripts
- Medical records (e.g., emergency room reports)
- Official documents (repair invoices, receipts)
- Expert reports (accident reconstruction, ballistic analysis)
- GPS logs or cell phone location data
- Emails or text messages that establish the timeline
Use the following process to file your request:
- Identify each inaccuracy by page, section, or field.
- Draft a written request explaining the correction needed. Reference ORS 192.345 for public records or ORS 181.765 for criminal history records.
- Attach copies of all supporting documents; retain the originals.
- Submit the request to the agency’s records division—by certified mail or the agency’s online portal.
- Request a written response within the five-business-day period under ORS 192.345.
- If the agency denies your request or fails to respond, pursue judicial review under ORS 192.502, or, for criminal history corrections, escalate through OSP’s review process under ORS 181.767.
Helpful Hints
- Stay factual and concise: list each item you want corrected.
- Use clear labels: note page numbers, paragraphs, or data fields.
- Submit only photocopies; keep originals organized and safe.
- Follow up in writing if you do not receive a timely response.
- Track statutory deadlines under ORS 192.345 and ORS 181.765.
- Consider consulting an attorney if the agency refuses to amend your report.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific circumstances, consult a qualified attorney.