Disclaimer: This article provides general information about New Jersey law and is for educational purposes only. It does not constitute legal advice and does not establish an attorney-client relationship. For legal advice, please consult a qualified attorney.
Detailed Answer
Under New Jersey law, you can request amendments to erroneous police reports by using the public records process and agency policies. The Open Public Records Act (OPRA) and internal agency procedures guide how you challenge and correct inaccurate information in a police report.
Legal Framework
The Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., gives you a right to access public records, including police reports.
N.J.S.A. 47:1A-1
If a law enforcement agency refuses your request for access or amendment, you may appeal to the Government Records Council under N.J.S.A. 47:1A-5.
N.J.S.A. 47:1A-5
Steps to Request an Amendment to a Police Report
- Obtain a Copy of the Report: Submit an OPRA request to the records custodian at the agency that generated the police report. Include your name, contact information, and details of the incident. OPRA requests can be emailed or mailed; agencies must respond within seven business days.
- Identify and Document Errors: Review the report carefully. Note each inaccuracy—names, dates, locations, statements. Gather supporting documents (medical records, receipts, photos, witness statements).
- Draft a Written Amendment Request: Address your letter to the records custodian or Internal Affairs division. Clearly state the report number, date, and exact errors. Provide your proposed corrections alongside supporting evidence.
- Submit Your Request: Send the request via certified mail or delivery receipt. Retain a copy of your letter, proof of mailing, and all attachments.
- Follow Up in Writing: If you do not receive a response within 30 days, send a polite reminder. Reference your original request date and certificate of mailing.
- Appeal a Denial: If the agency denies or ignores your amendment request, file a complaint with the New Jersey Government Records Council (GRC). You must file within 45 days of the denial. Visit the GRC online at https://www.nj.gov/grc for forms and instructions.
What Happens After You File?
The agency must review your request and evidence. They may correct the report, append your statement, or explain why they refuse. If corrected, ask for a certified copy of the amended report.
Helpful Hints
- Keep all correspondence in writing to create a clear record.
- Use precise, courteous language—avoid emotional or accusatory tones.
- Include copies of evidence, not originals.
- Follow agency guidelines—check the department’s website for specific forms or policies.
- If the issue is serious (e.g., criminal charges, employment impact), consider consulting a civil rights or records-access attorney early.