Disclaimer
This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Virginia, state law does not expressly grant a private right to amend a police report. However, law enforcement agencies often maintain internal procedures to review and correct factual errors. To support your request, you must supply clear, objective evidence showing a mistake or omission in the official record.
Begin by submitting a written request to the records custodian or public information officer at the relevant police department. Include:
- A precise description of the report (case number, date, and officer’s name).
- A statement identifying each specific inaccuracy or missing fact.
- Copies of supporting documents or recordings.
Examples of evidence and documentation include:
- Photographs or video (surveillance footage, dashcams, body-worn cameras).
- Audio recordings (911 call logs, witness interviews).
- Medical or accident scene diagrams.
- Official logs (vehicle maintenance records, dispatch reports).
- Sworn affidavits from independent witnesses.
- Expert analyses (accident reconstruction, forensic reports).
If the agency refuses your request, you may invoke the Virginia Freedom of Information Act (Va. Code § 2.2-3704.1) to demand access to the report and related communications. You can then appeal denials under Va. Code § 2.2-3713. Always keep copies of your requests and any agency responses.
Helpful Hints
- Review the report line by line and note every error or missing detail.
- Gather objective, verifiable evidence before filing your request.
- Address your request to the official records custodian by name and title.
- Send requests via certified mail or another trackable method.
- Keep a file with all correspondence and proof of delivery.
- Consult an attorney if the agency denies your amendment request or FOIA appeal.