Detailed Answer
If you discover an error or omission in a police report, you can request a correction or submit a supplement under Illinois law. While officers are not required to edit the original narrative, you may ask the agency to update its records or attach your supplemental statement. The process typically involves the agency’s Records Division or Public Information Officer. Below is a step-by-step guide under the Illinois Freedom of Information Act (FOIA).
1. Identify the Agency and Records Custodian
Determine whether the responding body was a municipal police department, county sheriff’s office or the Illinois State Police. Visit the agency’s official website or call its non-emergency number to ask for the Records Division or Public Information Officer (PIO)—the designated FOIA contact.
2. Prepare Your Written Request
Draft a clear, concise letter that includes:
- Your full name and contact details.
- The incident report number, date and location.
- A description of the requested correction or additional information.
- Copies of any supporting evidence (photos, videos, witness statements).
3. Cite the FOIA Amendment Provision
Under FOIA’s amendment provision (5 ILCS 140/3.5), you may request an amendment of personal records maintained by a public body. Note this statute in your letter: 5 ILCS 140/3.5.
4. Submit and Track Your Request
Send your request via certified mail or deliver it in person to secure proof of receipt. Agencies must acknowledge FOIA requests within five business days. They may extend this period by up to five additional days with written notice under 5 ILCS 140/3. Keep copies of all correspondence.
5. Provide Additional Information Promptly
The agency may ask for further evidence or clarification. Respond quickly to avoid delays. If the agency agrees to your request, it will update its internal records or attach your supplemental statement to the original report.
6. Appeal a Denial
If the agency denies your amendment request, you may file an administrative review with the Public Access Counselor (PAC) at the Illinois Attorney General’s office, or you can file suit in the circuit court within 30 days under 5 ILCS 140/11.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Keep date-stamped copies of every letter and evidence submitted.
- Summarize your correction in bullet points for clarity.
- Follow up with the agency by phone or email one week after submission.
- Note FOIA response deadlines and extension rights.
- Consider consulting a qualified attorney for complex disputes.