Detailed Answer
Under West Virginia law, you can request corrections to a police report that contains inaccurate details. Follow these steps to ensure the agency considers your amendment request:
Step 1: Gather Supporting Documents
Collect any records or evidence that demonstrate the report’s inaccuracies. Examples include medical records, witness statements, photos, or court documents. This proof establishes the basis for your correction.
Step 2: Submit a Written Request Under the WV Freedom of Information Act
West Virginia’s Freedom of Information Act (FOIA) gives you the right to inspect public records and submit amendment requests. File a written request with the law enforcement agency’s records office. Cite WV Code §29B-1-4 (Right to inspect and copy records). Clearly identify each error and propose the correct information.
Step 3: Communicate with the Records Division or Internal Affairs
After submitting your request, follow up with the agency’s records division or internal affairs unit. Ask for written confirmation and a timeline for processing. Keep records of all communications to track the request status.
Step 4: Petition the Circuit Court if the Agency Denies Your Request
If the agency refuses to amend the report, you can file a petition in your county’s Circuit Court. Request a court order directing the agency to correct the public record. Courts have equitable authority to remedy inaccuracies in official documents.
Step 5: Consider Expungement for Criminal History Errors
If the incorrect details involve your criminal history, you may seek expungement under WV Code §61-11A-13 (Grounds for expungement). Expungement removes certain records from public view and can permanently address errors in criminal reports.
Helpful Hints
- Keep copies of all correspondence and attachments.
- Send amendment requests via certified mail or another trackable method.
- Use a clear, concise format when describing errors and corrections.
- Attach supporting documents to substantiate each inaccuracy.
- Inquire with the agency about any specific amendment forms or procedures.
- Consult an attorney if the agency denies your request or if you need guidance on expungement.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.