Disclaimer: This article provides general information about Tennessee law. It does not constitute legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
Under Tennessee’s public records laws, you may ask a law enforcement agency to amend a police report if it contains factual errors or omissions. Although no single statute spells out a formal amendment procedure for police reports, you typically work with the agency’s records custodian under the Tennessee Open Records Act (Tenn. Code Ann. § 10-7-503). Below are key steps and the types of evidence you should gather.
1. Review the Report Carefully
Obtain a certified copy of the report. Note each inaccuracy, such as wrong date, misidentified vehicle, or omitted witness statements.
2. Prepare a Written Amendment Request
Address your letter to the records custodian. Quote Tenn. Code Ann. § 10-7-503(c) to show your right to correct inaccurate public records. Clearly list each mistake and the precise correction you seek.
3. Attach Supporting Documentation
Include evidence that proves the correct version of events. Common examples:
- Affidavits from you or witnesses sworn before a notary.
- Photos or video showing date, time, license plate, or scene conditions.
- Medical records documenting injuries, treatment dates, or ambulance logs.
- Official documents such as repair invoices, receipts, or property ownership records.
- Dispatch logs or 911 recordings that timestamp calls and describe what was reported.
4. Submission and Follow-Up
Mail or deliver your request and copies of your evidence to the police department’s records division. Ask for written confirmation and a target response date. Although the Open Records Act does not set a deadline for amendments, agencies often respond within 10–30 days.
5. If the Agency Denies Your Request
Under Tenn. Code Ann. § 10-7-505, you can appeal to the Office of Open Records Counsel or file a petition in chancery court. Provide all previously submitted evidence when you appeal. A court may order the agency to correct or annotate the report.
For more on public records in Tennessee, see the Tennessee Open Records Act: https://www.tn.gov/treasury/general-resources/open-records-act.html
Helpful Hints
- Be concise: List each error and correction in bullet form.
- Keep originals safe: Send only copies of your evidence.
- Get proof of mailing or hand-delivery receipt.
- Maintain a file of all correspondence and responses.
- Consider hiring a records attorney for complex disputes.