How to Request an Amendment to a Police Report with Incorrect Details in Louisiana

Detailed Answer

If you discover incorrect or misleading information in a Louisiana police report, you can formally request an amendment. The state’s Public Records Law (La. R.S. 44:1 et seq.) grants citizens the right to inspect and seek corrections to public records, including police reports. Below are the key steps:

1. Obtain a Certified Copy of the Report

First, request a certified copy of the report from the law enforcement agency’s records division. Under La. R.S. 44:32, agencies must provide public records unless an exemption applies.

2. Identify and Document the Errors

Carefully review the report. Highlight or note each inaccuracy—such as dates, times, property descriptions, or witness statements. Collect supporting evidence like photos, receipts, or affidavits from witnesses to prove the correct facts.

3. Draft a Written Amendment Request

Prepare a written request addressed to the custodian of records. Include:

• Your full name and contact information
• The report number, date, and officer’s name
• A clear description of each incorrect detail
• References to your supporting evidence
• A request to amend or attach a correction to the record

4. Submit Your Request and Await Response

Send your request via certified mail or hand-deliver it to the records office. Keep a copy of everything. Louisiana law requires agencies to respond within a reasonable time. If no action occurs within 10 business days, follow up in writing.

5. Addressing a Denial or No Response

If the agency refuses or ignores your request, you can:

1. Send a formal appeal to the agency’s next-level supervisor or public records officer.
2. File a petition in the district court to compel compliance under La. R.S. 44:40. A court can order the record custodian to amend the report or add your correction.

In court, you’ll need to show clear evidence of the errors and your good-faith attempt to resolve the issue administratively.

Helpful Hints

• Keep detailed records of all communications, including dates, names, and copies of letters.
• Use certified mail with return receipt to prove timely delivery.
• Be precise: list report sections/page numbers when describing inaccuracies.
• Follow up regularly—police agencies handle many records requests daily.
• Consider consulting a lawyer if your initial efforts fail or if the matter is time-sensitive.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney to address your specific legal situation.