Detailed Answer
When you discover incorrect information in a Tennessee police report, prompt action can help protect your rights and prevent misunderstandings. Tennessee law classifies police reports as public records. Under Tenn. Code Ann. § 10-7-503, you can request an amendment if the report contains inaccurate, incomplete or misleading personal information. While law enforcement agencies may not change every detail, they must attach your statement of correction or note the amendment request.
Step 1: Obtain an Official Copy of the Report
Visit the records division of the law enforcement agency that prepared the report. Submit a written public records request under the Tennessee Public Records Act (Tenn. Code Ann. § 10-7-503). Keep proof of delivery.
Step 2: Review the Report Carefully
Highlight specific errors such as names, dates, or descriptions of events. Distinguish between factual mistakes (e.g., wrong address) and subjective observations (e.g., opinions). Agencies rarely alter subjective notes.
Step 3: Gather Supporting Documentation
Collect documents that verify correct information:
- Government-issued IDs
- Medical or repair bills
- Witness statements
- Surveillance footage logs
Step 4: Submit a Notarized Amendment Request
Under Tenn. Code Ann. § 10-7-503, prepare a notarized letter that:
- References the report by date and report number.
- Explains each inaccuracy clearly and concisely.
- Attaches supporting evidence.
Mail the request via certified mail or hand-deliver to the agency’s public records custodian. Retain copies of everything.
Step 5: Agency Response and Timeline
By law, the records custodian must respond in 30 days. They will either:
- Correct the record or attach your statement of correction.
- Provide a written denial with reasons.
Step 6: Appeal a Denial
If your request is denied, you may:
- Appeal to the Tennessee Archives and Records Commission. Visit Tennessee Archives and Records Commission for guidelines.
- File a petition in Chancery Court seeking a writ of mandamus under Tenn. Code Ann. § 27-8-101 to compel compliance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Tennessee attorney for guidance on your specific situation.
Helpful Hints
- Always send requests via certified mail with return receipt.
- Keep a detailed log of all communications and dates.
- Provide only factual corrections supported by documents.
- Be concise and professional in all correspondence.
- If the issue affects an ongoing case, notify your attorney or the court promptly.
- Allow at least 30 days for the agency to respond before escalating.