Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
If you believe a police report in West Virginia contains errors, you can contact the responding law enforcement agency to request corrections. Follow these steps:
1. Identify the Correct Agency or Officer
Determine which agency handled your incident (for example, the West Virginia State Police or your local city or county department). Visit the agency’s official website or call the public information office for contact details.
2. Obtain a Copy of the Report
Under the West Virginia Freedom of Information Act (WV Code §29B-1-5), you have the right to inspect and copy public records, including incident and arrest reports. Submit a written request to the agency’s Records Division. Include:
- Your name and contact information
- The date, location, and report number (if known)
- A clear statement that you request to inspect and copy the report
The agency must respond within five business days.
3. Review the Report and Gather Supporting Evidence
Carefully read the report and note any inaccuracies (names, dates, descriptions). Collect supporting documentation such as photos, videos, or witness statements.
4. Submit a Written Correction Request
Send a formal letter or email to the Records Division or the Professional Standards/Internal Affairs Unit. Include:
- A description of each error
- Supporting evidence
- The corrected information you want recorded
Request that the agency amend the report or attach your statement as an addendum.
5. Follow Up and Next Steps
If the agency denies your request or fails to respond, you can:
- File an internal appeal or complaint with the agency’s Professional Standards Unit.
- File a petition in the appropriate circuit court to enforce your FOIA rights.
- Consider consulting an attorney if you encounter repeated denials or delays.
Helpful Hints
- Keep copies of all correspondence and delivery receipts.
- Be concise, clear, and professional in your requests.
- Use certified mail or email with read receipt for proof of submission.
- Note that FOIA responses must occur within five business days.
- Contact a victim advocate if you were the victim of a crime.
- Consult an attorney if the process stalls or your rights are not respected.