Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
Under Utah’s Government Records Access and Management Act (GRAMA), you can request amendments to official records, including police reports, that you believe contain inaccuracies. See Utah Code Ann. § 63G-2-204 (https://le.utah.gov/xcode/Title63G/Chapter2/63G-2-S204.html). To strengthen your request, provide clear, verifiable evidence demonstrating the errors.
1. Follow the GRAMA Amendment Process
- Identify the Report: Note the case number, incident date, and law enforcement agency.
- Submit a Written Request: Address it to the agency’s records division, cite Utah Code Ann. § 63G-2-204, and detail each error and desired correction.
- Attach Supporting Documentation: Supply any evidence that proves the inaccuracy.
- Await a Response: Agencies must respond within 10 business days.
2. Types of Evidence to Support Your Request
- Photographs & Video Footage: Body-worn camera, dash cam, surveillance video, and personal images reflecting the true facts.
- Witness Statements: Signed affidavits or written declarations from impartial observers.
- Official Records: Medical reports for injuries, repair invoices for property damage, insurance claims, tow receipts, and court documents.
- Expert Analyses: Accident reconstruction reports, forensic tests, or professional inspection results.
- Officer Correspondence: Emails or letters where the officer acknowledges and corrects a mistake shortly after the incident.
3. If Your Request Is Denied
If the agency refuses your amendment:
- Request an internal review under Utah Code Ann. § 63G-2-401.
- Appeal to the State Records Committee within 30 days per Utah Code Ann. § 63G-2-402.
- Consider judicial review in district court with the help of an attorney.
Helpful Hints
- Be Precise: Clearly identify each error and state the correct information you seek.
- Keep Records: Retain copies of your GRAMA request, all attachments, and agency responses.
- Confirm Receipt: Send your request by certified mail or email and request confirmation.
- Use Neutral Language: Remain factual and professional to avoid unnecessary conflict.
- Track Deadlines: Note agency response times and appeal deadlines to protect your rights.