Detailed Answer
Delaware does not have a specific statute that governs the amendment of police reports. Instead, law enforcement agencies set their own procedures. You can request an amendment to a report when you believe it contains inaccurate or incomplete information. To succeed, gather clear, credible evidence and follow the agency’s records or internal affairs process.
1. Review the Agency’s Records Policy
Every Delaware law enforcement agency publishes an open records policy under the Delaware Freedom of Information Act. Find the policy on the agency’s website or contact the records division. The policy will explain how to submit an amendment request.
2. Gather Supporting Evidence
Submit documentation that directly addresses the inaccuracy or omission. Common types of evidence include:
- Witness Statements or Affidavits: Signed, notarized statements from people who observed the incident.
- Photographs and Videos: Time‐stamped footage showing events or damage.
- Medical Records: Emergency room reports or doctor’s notes that confirm injuries or timelines.
- Receipts and Logs: Transaction records, phone logs, or GPS data establishing location and time.
- Official Correspondence: Emails or letters from other agencies, businesses, or professionals.
3. Cite Delaware’s Public Records Law
Under the Delaware Freedom of Information Act, 29 Del. C. § 10001 et seq., you have a right to inspect and request corrections to public records. While FOIA itself doesn’t mandate amendments, it ensures transparency in the process. For details, see 29 Del. C. Chapter 1.
4. Follow an Administrative Appeal if Denied
If the records division rejects your amendment request, escalate to a supervisor or file an internal affairs complaint. Explain why the original report remains inaccurate and resubmit your evidence.
5. Seek Judicial Review as a Last Resort
If the agency still refuses, you can petition the Delaware Superior Court for a writ of mandamus under 10 Del. C. § 301. A mandamus order can compel a public officer to correct the report. For more, visit 10 Del. C. Chapter 23.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Contact the records division early—many agencies impose strict deadlines.
- Keep copies of every document you submit and record the names of contacts.
- Use clear, chronological summaries to explain inconsistencies.
- Consider hiring a private investigator for hard‐to‐find evidence.
- Be polite but persistent when following up on your request.