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Detailed Answer: Requesting an Amendment to a Police Report in Virginia

Under Virginia law, you cannot directly force a law enforcement agency to rewrite a police report. However, most agencies maintain internal procedures that let you submit corrections or supplemental information. Follow these steps to increase your chances of a successful amendment request:

1. Obtain the Report via FOIA. The Virginia Freedom of Information Act (Va. Code §2.2-3700 et seq.) grants public access to records. Use a FOIA request (https://law.lis.virginia.gov/vacode/title2.2/chapter37/) to secure an official copy of the report you believe is inaccurate.
2. Identify Specific Errors. Carefully review the report to pinpoint mistakes—such as wrong dates, locations, descriptions, or officer observations.
3. Gather Supporting Evidence. Compile documents and materials that prove the correct facts. Commonly accepted evidence includes:
   • CCTV or body-worn camera footage
   • Photographs or videos from the scene
   • Medical records or repair invoices
   • Signed witness statements or sworn affidavits
   • Digital records (text messages, emails, call logs)
4. Draft a Formal Amendment Request. Write a clear letter or email to the Records Division. Include:
   • The incident date and police report number
   • A detailed list of each alleged inaccuracy
   • Attachments of your evidence
5. Submit to the Correct Department. Send your request to the Police Department’s Records Office or use their online “Correction/Amendment Request” form if available. Always request a receipt or confirmation.
6. Follow Up and Appeal. If you receive no response within 30 days, file a FOIA appeal under Va. Code §2.2-3713 (https://law.lis.virginia.gov/vacode/title2.2/chapter37/section2.2-3713/) or contact the agency’s legal advisor.

If the department denies your request, ask to have your statement and supporting documents attached to the report. Anyone who views the record will then see your corrections. For incorrect criminal-history information, you can petition a circuit court to set aside or seal convictions under Va. Code §19.2-392.2 (https://law.lis.virginia.gov/vacode/title19.2/chapter23/section19.2-392.2/).

Helpful Hints

• Maintain a precise timeline with dates and times.
• Obtain certified copies of all official records.
• Secure written statements from multiple witnesses.
• Send requests by certified mail or trackable email.
• Keep detailed logs of all communications and responses.
• Consider consulting an attorney if the agency refuses your attachments.