If a West Virginia police report contains incorrect details, you can ask the agency to amend it. Under the West Virginia Freedom of Information Act (FOIA), you have the right to access public records and seek corrections to inaccuracies. This guide explains the steps you can take under West Virginia law to request an amendment.
Detailed Answer
1. Review the Report Carefully
Obtain a certified copy of the report from the law enforcement agency’s Records Division. Note the report number, date, names of officers, and specific errors you wish to correct.
2. Identify the Errors
List each incorrect detail—such as wrong dates, misidentified individuals, or inaccurate descriptions. Be precise: vague requests delay the process.
3. Submit a Written Amendment Request
Prepare a letter addressed to the Records Division or FOIA Officer of the agency. Reference the West Virginia FOIA (W. Va. Code Chapter 29B) and include:
- The report number and date;
- The exact text you believe is wrong;
- The correction you propose;
- Supporting documents (photos, witness statements, receipts).
You can cite W. Va. Code Chapter 29B to underscore your right to review records.
4. Provide Supporting Evidence
Attach clear, legible copies of any documents that prove the errors—medical records, repair estimates, affidavits from witnesses, or surveillance video timestamps.
5. Follow Up on Your Request
Under W. Va. Code §29B-1-4 (Response Time), the agency must respond within five business days, with up to ten additional days if they notify you in writing.
6. Administrative Appeal if Denied
If the agency refuses to amend the report, ask for a written denial stating reasons. Then:
- Request a review by the agency’s chief records custodian or internal affairs;
- File an administrative appeal following the agency’s internal procedures.
7. Seek Court Relief
If internal appeals fail, you may file a petition in the circuit court for injunctive relief under the FOIA (W. Va. Code §29B-1-4). The court can order the agency to amend or annotate the report.
8. Consider Legal Representation
If the inaccuracy causes significant harm—such as affecting employment, immigration status, or financial liability—consult an attorney experienced in records disputes or civil rights.
Helpful Hints
- Keep copies of all correspondence and proof of mailing.
- Use certified mail or delivery confirmation for paper requests.
- Record names, dates, and times of all calls and meetings.
- Be clear and concise: list one correction per line.
- Set calendar reminders for response deadlines.
- If you hit a roadblock, contact the West Virginia Attorney General’s Public Records Office for guidance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need legal assistance, please consult a qualified attorney.