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When a Virginia police report contains incorrect details, you can request an amendment through a formal process. This guide walks you through each step, cites relevant statutes, and shows you what to do if the department denies your request.

Detailed Answer

1. Obtain and review the report. Under Virginia’s Freedom of Information Act (FOIA), you have the right to inspect or copy public records, including police reports (Code of Va. § 2.2-3704). Request a certified copy from the records custodian.
2. Identify specific errors. Note the exact page, paragraph, or line where details are wrong. Common errors include dates, spellings, descriptions of events, or witness statements.
3. Collect supporting evidence. Gather documents, photographs, medical records, or affidavits that prove the report is incorrect. Precise evidence strengthens your request.
4. Draft a written amendment request. Address the records custodian by name if possible. Include:
   • Your contact information.
   • Case or report number and date.
   • Clear description of each error and the exact correction you seek.
   • Copies of supporting evidence.
5. Submit the request properly. Send your letter and attachments via certified mail or follow the department’s stated procedure. Keep proof of delivery and note any internal deadlines.
6. Follow up in writing. If you don’t receive a response in 10 business days, send a polite reminder. Document all communications.
7. If the department approves your request. They may amend the report or attach an addendum. Ask for a new certified copy.
8. If the department denies your request. You have two main options:
   • Internal appeal or complaint: Contact the agency’s Internal Affairs or professional standards division. Include your original request and evidence.
   • Judicial review: Under FOIA, you can petition the circuit court to compel inspection or copying (Code of Va. § 2.2-3713). While FOIA does not specifically mandate corrections, a court may order the department to provide accurate records.
9. Consider expungement if errors stem from dismissed charges. If the report relates to a charge later dismissed, you may qualify to expunge the record under Code of Va. § 19.2-398. Expungement effectively seals the record, preventing public access.

Helpful Hints

• Read the department’s website for its records-request form and fee schedule.
• Keep copies of every document you send or receive.
• Use clear, courteous language to build cooperation.
• Time your request promptly: errors become harder to correct as cases close.
• Ask an attorney or legal aid clinic for help if you face resistance.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Virginia attorney to address your specific situation.