Disclaimer
The information in this article is for educational purposes and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under West Virginia law, you can request an amendment to a police report by submitting a written request to the law-enforcement agency that created the record. While no specific statute mandates a formal amendment process for police reports, you have rights under the West Virginia Freedom of Information Act (WV FOIA) to access and correct governmental records. See WV Code § 29B-1-2 (Public Records Defined).
To support your request, you should include any evidence or documentation that shows the report’s inaccuracies or omissions. The agency will review your submission and may add a supplemental statement, correction, or notation to the original report. Common types of supporting materials include:
- Photographs and Videos: Timestamped images or recordings from the scene that contradict or add detail to the narrative in the report.
- Witness Statements or Affidavits: Signed and dated written statements from people who observed the incident and can attest to facts not reflected in the original report.
- Medical Records and Bills: Hospital or clinic records, invoices, and treatment notes verifying injuries or medical conditions relevant to the incident.
- Repair Estimates or Receipts: Documentation of property damage, such as auto repair estimates, shop invoices, or vehicle inspection reports.
- 911 Call Recordings or Transcripts: Audio or written records of emergency calls that may contain details omitted or misstated in the police narrative.
- Official Correspondence: Emails, letters, or citations from other authorities (e.g., fire department, insurance adjusters) confirming facts about the event.
After you submit your request and supporting documents, the agency typically responds within 5 business days under WV FOIA. If they deny or refuse to correct the report, you can appeal the decision internally or file a petition in the circuit court under WV Code § 29B-1-8 (Judicial Review).
Helpful Hints
- Keep your request clear and concise. Identify the report by date, case number, and officer’s name if possible.
- Organize evidence chronologically and label each item (e.g., Exhibit A: Photo, Exhibit B: Affidavit).
- Include a cover letter summarizing the errors you wish to correct and refer to each piece of evidence.
- Follow up in writing if you haven’t received a response within five business days.
- Retain copies of all communications and submitted materials for your records.
- If you encounter difficulties, consider consulting an attorney with experience in public-records requests and police-procedure disputes.