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Disclaimer

This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

If you discover incorrect facts in a Nebraska law enforcement report, you can ask the agency to amend it under the Nebraska Public Records Act. Follow these steps:

1. Obtain and review the report. Request a certified copy of the police report from the agency’s records division. Check every detail—names, dates, descriptions, location, and incident narrative.
2. Gather supporting evidence. Collect documents, photographs, videos, witness statements, or any records that prove the entry is incorrect.
3. Draft a written amendment request.
   • Address it to the agency’s records custodian.
   • Identify the report by date, report number, and officer name.
   • Specify each inaccuracy and explain why it is wrong.
   • Attach copies of your supporting evidence.
   • Request a correction or annotation in writing.
4. Cite the correction statute. Reference Neb. Rev. Stat. § 84-712.05 (correction of law enforcement records) to bolster your request.
5. Send your request. Deliver by certified mail or hand-deliver with a signed receipt. Keep proof of delivery and copies of all documents.
6. Wait for the agency’s response. Under Neb. Rev. Stat. § 84-712.05, the agency must respond within a reasonable time, typically 30 days.
7. Review the outcome. If the agency corrects or annotates the report, obtain a new certified copy. If the agency denies your request in whole or in part, move to the next step.
8. File a court petition. Within 30 days of denial, you may file a petition in the county district court to compel correction under Neb. Rev. Stat. § 84-712.05. You may seek reimbursement for court costs if you prevail.

Throughout this process, maintain timelines and document all communications. Clear, factual evidence increases your chance of a successful amendment.

Helpful Hints

• Use clear, concise language in your written request.
• Keep organized copies of every letter, email, and proof of delivery.
• Follow up politely but persistently if the agency misses deadlines.
• Ask for a meeting with a records supervisor if the first request is denied.
• Consider retaining a local attorney if you face complex factual disputes or litigation.
• Check the agency’s public records policy—some departments post forms online.
• Stay informed about Nebraska’s Open Records statutes at the Nebraska Legislature website.