Detailed Answer
If you find errors in a police report prepared by a Pennsylvania law enforcement agency, you can request corrections through a written submission to the agency’s records custodian. While Pennsylvania’s Right-to-Know Law (RTKL) governs public access to records, it does not explicitly guarantee a right to amend records. Nevertheless, agencies often maintain informal procedures for reviewing and correcting inaccuracies. Follow these steps:
- Identify the Custodian of Records: Visit the agency’s website or call the main station to confirm the name and mailing address of the records custodian. Under the RTKL, every local police department must designate a custodian. (65 P.S. § 67.503.)
- Prepare a Written Request: Draft a letter that:
- Specifies the report by date, incident number and officer name;
- Identifies each alleged error or omission;
- Attaches supporting documentation (e.g., photographs, medical records, witness statements);
- Requests that the agency review and correct the report.
- Submit Your Request: Send the request by certified mail with return receipt to the records custodian. Keep copies of everything you send.
- Wait for a Response: Agencies generally acknowledge receipt within five business days. They may either agree to correct the record or explain why no changes will be made.
- Internal Appeal: If the agency denies your correction request, you can file an internal appeal under the RTKL within 15 business days of the denial. (65 P.S. § 67.1101.) Address your appeal to the appeals officer designated by the agency.
- Office of Open Records Appeal: If the internal appeal is unsuccessful, you may appeal to the Pennsylvania Office of Open Records (OOR) within 15 business days. The OOR issues a binding decision on whether the agency must amend or annotate the record. (RTKL Appeals Process.)
- Alternative Complaint: Separately, you may file a complaint with the agency’s internal affairs or civilian oversight board. This process is independent of the RTKL and can prompt an administrative review of the officer’s actions.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Always send requests by certified mail and track delivery.
- Keep a detailed file: copies of letters, receipts, and agency responses.
- Be clear and concise: list each error with supporting evidence.
- Note all deadlines: internal appeal within 15 business days of denial.
- Follow up in writing if you don’t receive a timely response.
- Consider consulting a lawyer if the agency refuses to correct material inaccuracies.