Detailed Answer
If you believe a responding law enforcement report contains errors, Arkansas law allows you to request a correction or supplement. Although no statute specifically mandates an amendment process for police reports, agencies follow procedures under the Arkansas Freedom of Information Act (FOIA) and their internal policies. Below is a step-by-step guide:
- Identify the Agency and Officer
• Locate the report number, date, incident location and the agency’s Records Division or FOIA officer contact on your copy of the report.
• Note the responding officer’s name and badge number if available. - Gather Supporting Documentation
• Collect evidence that demonstrates the inaccuracies (e.g., photographs, receipts, witness statements).
• Prepare a concise summary of what needs correction, citing page and section of the report. - Submit a Written Request
• Send a letter or email to the agency’s Records Division or FOIA officer.
• Include your full name, address, phone number and email.
• Reference the report number, date and officer name.
• Clearly state the corrections you seek and attach supporting documents.
• Request a written response within a reasonable time (e.g., 14 days). - Agency Review and Response
• Most agencies will review your request, consult the original officer and may issue a supplement or amended report.
• Under the Arkansas FOIA, agencies must grant or deny record requests promptly. Ark. Code Ann. § 25-19-105 outlines appeal rights if your request is denied. - Appeal if Necessary
• If the agency refuses or fails to respond, you can file a petition in the circuit court in the county where the agency resides. You must file within 60 days of the denial or lapse of time. See Ark. Code Ann. § 25-19-105(e) for details on judicial review and timelines.
Helpful Hints
- Verify each agency’s local FOIA or records policy on its official website.
- Send your written request via certified mail or trackable email.
- Keep copies of all correspondence and attachments.
- Be clear, concise and factual when describing errors.
- Note response deadlines in your calendar and follow up promptly.
- If you hit a roadblock, consider consulting an attorney familiar with public records law.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.