How to Support Your Request to Amend a Police Report in New Hampshire
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In New Hampshire, police reports are considered public records under RSA 91-A:4. While there is no express statutory right to force a correction, law enforcement agencies generally allow you to submit a written request to amend or annotate inaccurate information. To make your request compelling, you must supply clear, verifiable evidence that demonstrates the inaccuracy.
Here are the primary types of evidence and documentation you can gather:
- Witness Statements: Signed, dated affidavits from eyewitnesses who can attest to the correct facts.
- Body-Worn or Dash-Cam Footage: Video or audio recordings showing the actual events. Request these under RSA 91-A:4, II, which mandates public access to government records.
- Photographs: Time-stamped images illustrating the scene, property damage, traffic conditions, or injuries immediately following the incident.
- Medical Records: Hospital or doctor’s reports that verify injuries, treatment dates, or diagnoses that differ from the report’s description.
- Text Messages, Emails, or Letters: Written communications that confirm or contradict details in the police report.
- Certified Official Documents: Court orders, land records, or business records that correct addresses, ownership, or related facts.
- Your Own Affidavit: A notarized statement detailing the inaccuracies and the correct information.
Once you have assembled your documentation, submit a formal amendment request in writing to the Records Division of the law enforcement agency that generated the report. Your letter should:
- Identify the report by case number, date, and officer name.
- Clearly state each inaccuracy you want corrected.
- Attach copies of supporting evidence.
- Request either a direct amendment or an annotation noting the correct facts.
The agency will review your request and may contact you for further clarification. If they deny your request, you can:
- File an administrative appeal under the department’s internal policy.
- Submit a formal records‐access complaint to the New Hampshire Department of Justice under RSA 91-A:7.
- Pursue a court action in Superior Court for injunctive relief under RSA 91-A:8 if you believe the refusal violates the Right‐to‐Know law.
For more details on accessing public records in New Hampshire, see RSA 91-A:4: https://www.gencourt.state.nh.us/rsa/html/LIX/91-A/91-A-4.htm
Helpful Hints
- Keep copies of all correspondence and evidence you submit.
- Use certified mail or a delivery receipt to track your amendment request.
- Be concise and specific: reference exact page and line numbers in the report.
- Follow up in writing if you haven’t received a response within 30 days.
- If possible, consult an attorney for guidance on administrative appeals.
- Document any conversations with agency staff, including dates and names.
- Be patient: agencies often have formal review processes that take time.