Disclaimer
The information below is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer
If you find incorrect details in a New Jersey police report, you can ask the law enforcement agency to review and, if appropriate, amend the record. While state law does not guarantee a right to delete or change an original police report, the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., provides a process for requesting records and filing appeals if the records you receive are incorrect or incomplete.
Step 1: Obtain a Copy of the Report
Submit an OPRA request in writing to the Records Custodian of the law enforcement agency. Under N.J.S.A. 47:1A-5(a), the agency must respond within seven business days. Include:
- Your name and contact information;
- Report date, incident number or other identifiers;
- Statement that you are requesting the report under OPRA.
Step 2: Identify the Errors You Want Corrected
Review the report thoroughly. Note each incorrect detail—dates, times, names, addresses, or statements. Gather supporting documentation: witness affidavits, photographs, correspondence, or other records that prove the entry is wrong.
Step 3: Draft a Written Amendment Request
Address a letter to the Records Custodian or Police Chief. In your letter:
- Cite the report title, incident number and date;
- Clearly list each error;
- Attach copies of your supporting evidence;
- Politely request that the agency append or correct the information;
- Retain proof of delivery (certified mail or courier).
Step 4: Agency Response and Possible Outcomes
Agencies generally have no legal obligation to erase or edit official statements. However, many will add an addendum or “statement of correction” if you provide compelling proof. If they agree, insist that your statement stays attached to all future disclosures of the report.
Step 5: Appeal a Denial to the Government Records Council
If the agency refuses to append or correct the report, you can appeal to the New Jersey Government Records Council (GRC) under N.J.S.A. 47:1A-5.g. and N.J.S.A. 47:1A-6. File your appeal within 45 days of a final agency determination:
- Download the GRC appeal form at www.nj.gov/grc;
- Attach copies of your OPRA request, amendment letter, agency denial and supporting evidence;
- Submit by email or certified mail as directed.
The GRC will investigate and may order the agency to attach your statement of correction.
Step 6: Consider Additional Remedies
If incorrect details in the report harm your reputation or lead to criminal charges, you may have grounds for a civil defamation suit. You may also challenge the report’s content through court procedures in pending litigation or criminal defense discovery.
Helpful Hints
- Keep detailed records of all communications and delivery receipts.
- Be concise and factual in your amendment request.
- Include page and line numbers when citing errors.
- Follow up with a phone call one week after your request if you haven’t received a response.
- Consult an attorney if the agency denies your appeal or if the errors cause significant harm.