Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice tailored to your situation.
Detailed Answer
A police report is a government record prepared by law enforcement in South Carolina. It documents officer observations, statements from involved parties and witnesses, and other facts. If the report contains errors or omissions, you may ask the agency to amend or supplement it. While the South Carolina Freedom of Information Act (SC FOIA) (SC Code Ann. § 30-4-10 to -1650, https://www.scstatehouse.gov/code/t30c004.php) gives you the right to inspect and copy public records, agencies also maintain internal procedures for correcting inaccurate reports.
To support your request, gather clear, credible evidence showing the report’s inaccuracies. Useful documentation includes:
- Sworn affidavits or signed witness statements outlining facts that differ from the report.
- Video or audio recordings of the incident (e.g., body-worn camera, dashcam, mobile phone footage).
- Photographs capturing relevant details like scene conditions, property damage, or injuries.
- Medical or hospital records documenting injuries and treatment timelines.
- Official records (e.g., 911 call logs, dispatch transcripts) confirming event times and descriptions.
- Receipts, invoices, or logs proving dates, times, and expenses related to the incident.
- Expert reports (e.g., accident reconstruction, medical experts) clarifying technical or specialized facts.
Submit a written amendment request to the law enforcement agency that prepared the report. Include a clear statement of the errors, relevant page or section references, and all supporting evidence. Keep copies of your request and any attachments. Agencies review requests under internal policies; they may issue a supplemental report or correct the original document.
If the agency denies your request, you can:
- Submit a formal appeal in writing to the agency’s records custodian or oversight official.
- File a complaint with the South Carolina Department of Public Safety or SLED if the matter involves investigative errors.
- Consult an attorney about judicial review or civil remedies for wrongful recordkeeping practices.
Remember that knowingly submitting false information can violate South Carolina’s perjury statute (SC Code Ann. § 16-9-10, https://www.scstatehouse.gov/code/t16c009.php). Provide only truthful, documented facts.
Helpful Hints
- Act promptly. Request corrections as soon as you identify errors.
- Keep your evidence organized and labeled by date and topic.
- Obtain certified copies of all records you rely on.
- Follow agency instructions for records requests to avoid delays.
- Document all communications (emails, letters, calls) with law enforcement.
- Maintain a professional tone and avoid emotional language in your written request.
- Consult a lawyer if the agency refuses to amend a report or if you face legal complications.