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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 Alabama law, police reports qualify as public records under the Alabama Open Records Act (Ala. Code § 36-12-40 et seq.). While the Act does not expressly grant a statutory right to amend a police report, many law enforcement agencies permit submission of corrections or addendums. Follow the steps below to request an amendment to a report containing incorrect details:

1. Identify the records custodian. Contact the records division or public information officer of the law enforcement agency that prepared the report.
2. Draft a written request. Include:
   • Your full name and contact information.
   • Incident number, date, and location of the report.
   • Specific errors you identified (e.g., wrong date, misquoted statement).
   • Proposed corrections or clarifications.
3. Attach supporting documentation. Submit any evidence that verifies the correct information, such as:
   • Medical or repair records.
   • Photographs or video.
   • Witness affidavits.
4. Submit the request. Send your letter and attachments by certified mail or deliver it in person. Retain copies of all materials and proof of delivery.
5. Follow up. If the agency agrees to amend, request a copy of the supplemented report. If it denies your request, ask for a written denial.
6. Appeal a denial. Under the Open Records Act, you may appeal a denial by filing a petition in circuit court or by requesting an opinion from the Alabama Attorney General (Ala. Code § 36-12-54).
7. Consider further legal remedies. If the agency refuses to correct materially false information, you may explore claims under 42 U.S.C. § 1983 for deprivation of rights or pursue defamation actions. Consult an attorney to evaluate these options.

Helpful Hints

• Be precise: Identify each inaccuracy clearly and one at a time.
• Keep records: Save copies of all correspondence and evidence.
• Know deadlines: Agencies often set time frames for responding to record requests.
• Use certified mail: Provides proof of delivery and receipt.
• Stay professional: A courteous tone helps maintain cooperation.
• Know your appeal rights: A written denial triggers appeal mechanisms under the Open Records Act.