Detailed Answer
Police reports form part of the public record under Massachusetts law. If a report contains inaccurate details, you can ask the law enforcement agency to correct it. Below is a step-by-step guide based on the Massachusetts Public Records Law (M.G.L. c. 66) and agency best practices.
Step 1: Obtain a Certified Copy of the Report
First, submit a written Public Records Request to the police department’s Records Division. Cite the Mass. Gen. Laws c. 66, § 10, which governs access to public records. Agencies must respond within 10 business days to acknowledge your request and provide an estimated date for delivery.
Step 2: Identify and Document the Errors
Review the report carefully. Highlight incorrect facts—names, dates, locations, narrative details. Gather any supporting evidence, such as photos, medical records or affidavits from witnesses. Attach copies (not originals) of all documents.
Step 3: Draft a Formal Amendment Request
Write a letter or email addressed to the Records Custodian. Include:
- Your full name and contact information.
- Report number, date, and officer name (if known).
- Clear description of each error.
- References to supporting evidence.
- A polite request for specific corrections or a notation of your concerns.
Keep your tone professional and focused on facts. Submit your request via certified mail or the department’s preferred method. Retain proof of delivery.
Step 4: Agency Response and Follow-Up
Under M.G.L. c. 66, § 10, the custodian must issue a written decision within 30 days. They may:
- Agree and amend the report.
- Reject the request and explain why.
- Propose to add your statement as an addendum.
If the agency agrees, request a certified copy of the amended report. If they deny or partially grant your request, move to an internal appeal.
Step 5: Internal Appeal and Superior Court Petition
File an internal appeal within the department—often through the Chief’s Office or Civilian Review Board. If the department still refuses correction, you can petition the Massachusetts Superior Court under M.G.L. c. 66, § 10 for a judicial review of the denial. Courts may order amendments or permit you to attach a statement of dispute to the record.
Disclaimer: This article provides general information and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.
Helpful Hints
- Document all communications—email, letters, and phone calls.
- Keep copies of your request, evidence and any responses.
- Meet all deadlines: agencies often have strict time limits.
- Be concise and stick to factual corrections only.
- If you face pushback, consider a local legal aid organization for assistance.