Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer
Under Vermont law, you have the right to review and request correction of factual errors in a police report. Law enforcement agencies must comply with the Vermont Public Records Act (Title 1, Chapter 5). Follow these steps:
- Identify the agency and records custodian. Determine which law enforcement agency responded and locate its designated Public Records Officer. Many agencies list this on their website or at their headquarters.
- Obtain a copy of the report. Submit a written public records request to the agency. Cite 1 V.S.A. § 316. The agency must acknowledge your request within three business days and provide records promptly.
- Draft a correction request. Prepare a letter addressed to the Public Records Officer. Include:
- Report number, date, and responding officer’s name.
- Specific errors you wish to correct.
- Evidence supporting your request (e.g., photos, witness statements).
- Your contact information and preferred response method.
- Submit the correction request. Send the letter via certified mail or deliver it in person. Retain proof of delivery. This documents your effort and triggers the agency’s review obligations.
- Agency review and response. Vermont law does not set a strict deadline for correction requests, but agencies generally respond within 10–15 business days. They will either:
- Correct the record and provide you with the amended report.
- Deny the correction with a written explanation of reasons.
- File an appeal if necessary. If the agency refuses your request, you may appeal under 1 V.S.A. § 318. Initial appeals go to the Secretary of State’s Public Records Division. If still unresolved, you can seek relief in Vermont Superior Court.
Helpful Hints
- Keep all correspondence and delivery receipts organized.
- Be concise and factual in your correction letter.
- Follow up by phone or email if you don’t receive a timely response.
- Consider mediation through the Public Records Ombudsman for faster resolution.
- Consult a Vermont attorney if the agency’s refusal harms your rights.