Disclaimer: This article does not constitute legal advice.
Detailed Answer
If you discover incorrect details in a Rhode Island police report, you can formally request an amendment under the Rhode Island Access to Public Records Act (APRA), R.I. Gen. Laws § 38-2-1 et seq. Follow these steps to ensure you present a clear, documented, and timely request:
- Obtain a certified copy of the report. Contact the police department’s Records Division or Public Records Coordinator. Ask for the report’s case number, date, and all related pages.
- Identify specific errors. Review the report line by line. Note incorrect dates, names, descriptions, or events. Be precise—cite page and paragraph numbers.
- Gather supporting evidence. Collect documents or witness statements that prove the report’s incorrect information. Examples include photographs, receipts, or affidavits.
- Submit a written amendment request. Draft a letter to the Records Custodian of the law enforcement agency. Include:
- Your name, address, and contact information.
- Case number, report title, and date.
- Clear identification of each error (e.g., “On page 2, paragraph 3, the report states…; actual fact is…”).
- Copies of your supporting evidence.
- A polite request to correct or annotate the report to reflect accurate details.
- Send via certified mail. Use return receipt to document delivery. This step creates an official timeline under APRA.
- Wait for agency response. Under R.I. Gen. Laws § 38-2-6(a), the agency must respond to your request within ten (10) business days. They may:
- Agree and send an amended report.
- Propose an annotation (addendum) if they decline to change the original text.
- Deny the request, stating reasons in writing.
Link to statute: R.I. Gen. Laws § 38-2-6.
- Appeal a denial. If the department denies or fails to respond, you may file an appeal under R.I. Gen. Laws § 38-2-6(c). Submit a petition to the Rhode Island Superior Court within 30 days of the denial.
- Consider further action. If the report affects your rights (e.g., criminal record or civil claim), consult an attorney. You may explore a civil suit for defamation or seek relief under the state’s Administrative Procedures Act.
Helpful Hints
- Keep copies of all correspondence and evidence.
- Send documents by certified mail or another trackable method.
- Be concise and factual; avoid emotion or opinion language.
- Follow up in writing if you don’t hear back within the statutory timeframe.
- Consider mediation or an ombudsman at the Police Internal Affairs unit if the agency offers one.
- Document all phone calls—note date, time, person spoken to, and summary.