Detailed Answer
Under West Virginia’s Freedom of Information Act (WV Code §29B-1-1 et seq., https://code.wvlegislature.gov/29B/29B-1-1/), you may inspect or copy a police report. While state law does not explicitly mandate agencies to amend reports on demand, many West Virginia law-enforcement agencies have internal policies for correcting factual errors. To build a strong request to amend a police report, gather clear, credible documentation that directly contradicts or clarifies the original contents:
- Sworn affidavits or witness statements: A notarized, signed statement from an eyewitness attesting to the correct facts.
- Photographic or video evidence: Timestamped surveillance footage, dash-cam recordings, or smartphone videos that dispute the narrative.
- Official records or logs: 911 dispatch logs, body-camera metadata, or call-detail records showing times, locations, or content that refute the report.
- Medical or forensic reports: Hospital records, physicians’ notes, ballistic analyses, or lab results demonstrating injuries or circumstances different from those in the report.
- Expert analysis: Accident-reconstruction reports, engineering assessments, or other professional analyses correcting technical details.
- Physical evidence documentation: Photographs of damage with timestamps, certified repair estimates, or other tangible proof.
To request an amendment, prepare a written correction letter addressed to the records custodian of the agency that created the report. Your letter should include:
- Case number, report date, and officer’s name.
- Specific portions of the report you believe are inaccurate.
- A concise summary of the factual errors.
- Copies of all supporting evidence labeled as exhibits.
Send the request by certified mail and retain proof of delivery. Agencies typically respond within 30 days. If the agency denies your request, you may consider filing a mandamus petition in the circuit court for your county to compel correction.
Helpful Hints
- Work from copies—never mark up the original report.
- Be precise and professional in describing errors.
- Label each piece of evidence clearly (e.g., Exhibit A, Exhibit B).
- Keep all correspondence and proof of mailing.
- Request a written explanation for any denial.
- Consult an attorney knowledgeable in West Virginia public-records law.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.