Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
If you discover incorrect information in a police report, Connecticut law provides a process for requesting an amendment. Police departments maintain records under the Connecticut Freedom of Information Act (FOIA). While FOIA guarantees access to records, many agencies allow individuals to submit corrections or supplemental statements to ensure accuracy. Below is a step-by-step guide based on state statutes and common departmental practices.
- Obtain a Certified Copy of the Report. File a FOIA request under Conn. Gen. Stat. §1-210 to §1-211 (CGS §1-210, CGS §1-211). Provide the incident date, case number and parties involved.
- Identify Inaccuracies. Compare the report details—names, dates, statements—with your personal notes, photos, or witness contacts. Highlight factual errors clearly, such as misquotes or incorrect dates.
- Draft a Written Amendment Request. Address your letter to the department’s Records Custodian. State you are requesting an amendment to the specific report, list each error, and propose the correct information. Cite supporting documents like medical bills or signed witness affidavits.
- Submit Your Request. Deliver your amendment letter and attachments by certified mail or hand-deliver it and request a receipt. Records custodians are designated under CGS §1-210(6) (CGS §1-210(6)). Keep copies of everything you send.
- Follow Up in Writing. If you do not receive acknowledgment within 15 business days, send a reminder and request a timeline for response. Maintaining a paper trail strengthens your position if you need to appeal.
- File an Appeal if Denied. If the department refuses or ignores your request, you may appeal to the Freedom of Information Commission within 60 days. Under CGS §1-206 and §1-212, the Commission can review municipal record decisions (CGS §1-206, CGS §1-212).
- Consider Other Remedies. If you still cannot correct the record, you may file a citizen complaint with the department’s Internal Affairs unit or explore a civil action for defamation in Superior Court.
Helpful Hints
- Keep detailed records of all correspondence and receipts.
- Be concise and specific: list one error per numbered paragraph.
- Attach clear, dated evidence such as photographs or official documents.
- Use certified mail or hand-delivery for proof of service.
- Consult departmental FOIA guidelines or templates on your town’s website.
- If costs are a concern, ask if you qualify for fee waivers under FOIA.
- Even if you plan to hire an attorney, submitting your own request demonstrates diligence.