Detailed Answer
Under Pennsylvania law, individuals may request records held by police agencies and seek corrections to any inaccurate details. Two key statutes guide this process:
- Right-to-Know Law (65 P.S. §§ 67.101–67.3104): Governs access to public records held by local and state agencies, including police reports. View Act 3 of 2008
- Criminal History Record Information Act (CHRIA) (18 Pa.C.S. § 9127): Covers criminal history data maintained by the Pennsylvania State Police Central Repository and provides a correction mechanism. View 18 Pa.C.S. § 9127
Step 1: Gather Documentation
Collect any evidence showing the error—photographs, witness statements or medical records. Note the specific report number, date and nature of the incorrect detail.
Step 2: Submit a Written Request
Send a signed, dated letter to the records custodian at the police department. Include:
- Your full name, mailing address and phone number
- Report number, date and details you believe are wrong
- Copies of supporting evidence
- A clear statement: “I request correction or amendment of the above-referenced police report under the Pennsylvania Right-to-Know Law.”
Step 3: Agency Response Under RTKL
By law, the agency must acknowledge receipt within 5 business days and provide a response within 30 calendar days. See 65 P.S. § 67.901. If the agency agrees, it may add an addendum, note the correction on the original report or issue a new, amended report.
Step 4: Appeal a Denial
If the police department denies your request or fails to respond, you may file an administrative appeal with the Pennsylvania Office of Open Records (OOR) within 15 business days. See 65 P.S. § 67.1101. The OOR issues a decision within 30 days.
Step 5: Judicial Review
If the OOR upholds the denial, you can seek judicial review in Commonwealth Court within 30 days of the OOR’s final order. See 65 P.S. § 67.1301.
Correcting Criminal History Records
If the inaccurate detail involves your criminal history record maintained by the Pennsylvania State Police Central Repository, submit a signed request form to the Repository under 18 Pa.C.S. § 9127. Include certified copies of documents proving the error. The Repository must respond within 30 days and, if it agrees, issue a corrected record.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Helpful Hints
- Keep copies of all correspondence and evidence you send.
- Use certified mail or a delivery service with tracking.
- Be polite but firm in your written requests.
- Mark deadlines on your calendar to preserve appeal rights.
- Consider consulting an attorney if the agency continues to refuse corrections.