What is the process for contacting the responding law enforcement officer or agency to correct a report in Indiana?

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Detailed Answer

In Indiana, police reports and other law enforcement records qualify as public records under the Access to Public Records Act (APRA). While APRA governs access to inspect and copy records (Ind. Code § 5-14-3-3; https://iga.in.gov/laws/2023/ic/titles/5#5-14-3-3), it does not expressly require agencies to amend or correct content. However, most agencies adopt an informal correction process you can follow:

  1. Identify the Record: Note the report number, date, officer’s name, incident location, and your name as it appears on the report.
  2. Locate the Records Custodian: Visit the agency’s website or call the main non-emergency line to ask for the Public Records Custodian or Records Division contact information.
  3. Draft a Written Request:
    • State you are invoking Indiana’s APRA (Ind. Code §§ 5-14-3-1 to 5-14-3-10; https://iga.in.gov/laws/2023/ic/titles/5#5-14-3).
    • Provide the report details and identify each inaccuracy you wish to correct.
    • Attach any supporting documents (e.g., receipts, medical records, witness statements) that prove the report errors.
    • Clearly request correction or, if not possible, to append a statement of dispute.
  4. Submit the Request: Send your letter via certified mail or email to the Records Custodian. Keep copies and proof of delivery.
  5. Agency Response Time: APRA mandates a response within seven business days (Ind. Code § 5-14-3-9; https://iga.in.gov/laws/2023/ic/titles/5#5-14-3-9). While this governs access, many agencies treat correction requests similarly.
  6. If Denied or No Response:
    • File an appeal with the Office of the Public Access Counselor (PAC) within 30 days: https://www.in.gov/pac/.
    • Consider a civil action in the county circuit or superior court seeking injunctive relief under APRA (Ind. Code § 5-14-3-10; https://iga.in.gov/laws/2023/ic/titles/5#5-14-3-10).
  7. Alternative Paths:
    • Contact the agency’s Professional Standards or Internal Affairs Unit to file a misconduct or error-reporting complaint.
    • For criminal history errors, explore expungement or sealing under Ind. Code § 35-38-9 (https://iga.in.gov/laws/2023/ic/titles/35#35-38-9).

Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a qualified attorney about your situation.

Helpful Hints

  • Obtain the full report immediately after the incident, while details remain fresh.
  • Keep meticulous records of all calls, emails, and letters.
  • Use clear, concise language when describing inaccuracies.
  • Send requests via methods that provide delivery confirmation.
  • If the agency cites privacy laws for denial, ask which statute applies.
  • Consult an attorney if the agency refuses to correct or append your statement.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.