Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under New Hampshire law, a police report is a public record prepared and maintained by a law enforcement agency (see RSA 91-A:4). If you discover incorrect details—such as the wrong date, location, description, or parties involved—you can follow these steps to seek an amendment.
1. Obtain and Review the Report
Submit a written request under the Right-to-Know Law (RSA 91-A:3) to the custodian of records at the police department that created the report. Carefully note each inaccuracy.
2. Gather Supporting Evidence
Compile documents or other proof—such as photographs, receipts, medical records, or witness statements—that directly contradict or clarify the incorrect details in the report.
3. Submit a Written Amendment Request
Address a formal letter to the records custodian or the department’s records division. Include:
- Your name and contact information
- The report’s date, incident number, and officer name (if known)
- A clear description of each error
- Copies of your supporting evidence
Ask the department to correct the record or append an addendum noting the changes.
4. Follow Up and Appeal Internally
If the records division does not respond within a reasonable time (typically 5–10 business days), send a follow-up letter or email. If they deny your request, escalate the issue to the police chief or agency director, citing department policy and your right to accurate public records.
5. Seek External Remedies
If the agency refuses to amend or append the report, you may consider:
- Filing a written complaint with the New Hampshire Department of Justice or Attorney General’s Office.
- Pursuing a writ of mandamus in Superior Court under RSA 491:8 to compel the agency to correct a public record.
- Consulting a private attorney about injunctive relief to force amendment or add an explanatory addendum.
Document every communication and maintain copies of all letters, emails, and evidence.
Helpful Hints
- Keep all requests in writing; an email trail helps prove you sought the amendment in good faith.
- Be specific about each error and how it affects you—vague requests often get slower responses.
- Review the department’s records policy, often available on its website, to understand timeframes and procedures.
- Ask for an addendum if the agency won’t alter the original report; this notes your corrections alongside the original entry.
- If the record affects a pending legal case, inform your attorney immediately so they can address the issue in court.
- Consider local media or a government watchdog if you hit persistent roadblocks—public scrutiny can prompt action.