Detailed Answer
If you spot incorrect details in a Nebraska police report, you can ask the records custodian to amend the public record under Nebraska’s Public Records Act. Follow these steps:
- Identify and Document Errors
List each inaccurate fact, date, name, or description. Gather supporting evidence, such as medical records, photographs, witness statements, or court documents. - Find the Records Custodian
Contact the law enforcement agency’s Records Division or Public Information Officer. The custodian oversees public records requests and corrections. - Draft a Written Amendment Request
Include the following:- Your full name and contact information.
- The report’s identifier (report number, date, and officer).
- A clear statement of each inaccuracy and the precise correction you seek.
- Copies of supporting documents.
- A reference to Neb. Rev. Stat. § 84-712.03.
- Submit the Request
Send the letter by certified mail or deliver it in person. Retain proof of delivery. - Wait for Response
The custodian must respond in writing within 30 days. They will agree to correct, annotate, or refuse amendment. If they refuse, they must explain why. - Review the Outcome
If they correct the record, obtain a certified copy of the amended report. If they refuse or miss the deadline, you may pursue judicial review under Neb. Rev. Stat. § 84-712.05. - Consider Legal Remedies
If the agency denies your request, you can file a petition in county court within 30 days of the denial or constructive denial. The court can order the amendment or annotation of the record.
Key Statute: Neb. Rev. Stat. § 84-712.03 – Procedures for correction of inaccurate or misleading public records.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Please consult a qualified attorney for guidance.
Helpful Hints
- Send all requests in writing and keep copies of letters, emails, and delivery receipts.
- Be concise and factual in describing errors. Avoid emotional language.
- Follow up with a polite phone call one week after submission to confirm receipt.
- If you hire an attorney, they can draft the request and handle any court filings.
- Check your local agency’s website for any specific forms or online portals.
- Act promptly—Nebraska law sets strict deadlines for both agencies and petitioners.