Detailed Answer
Under New Jersey law, individuals may seek to correct errors in police or incident reports by contacting the agency that prepared the original document. While no single statute mandates a uniform correction process, you can follow these general steps to request amendments under the New Jersey Open Public Records Act (OPRA) and agency policies.
Step 1: Request a Copy of the Report
First, obtain the report to identify specific errors. Submit an OPRA request to the law enforcement agency’s Records Division. OPRA requests fall under N.J.S.A. 47:1A-1 et seq. For instructions and forms, visit the New Jersey Government Records Council at https://www.nj.gov/opra.
Step 2: Review and Gather Evidence
Carefully read the report and note inaccuracies—such as dates, times, descriptions or names. Collect any supporting evidence: photographs, witness statements, receipts or other documents that clearly demonstrate the correct information.
Step 3: Submit Your Correction Request
Draft a written request addressed to the Records Division or Internal Affairs Unit. Include:
- Your name, contact information and report reference number.
- A clear description of each error and the precise correction sought.
- Copies of supporting evidence.
Send the request via certified mail or hand-deliver it and retain delivery confirmation. Agencies often have internal guidelines for amending records; ask for a copy of any applicable policy.
Step 4: Follow Up and Consider Further Action
Allow 7–30 days for a response. If the agency approves your request, they may issue an amended report. If denied or ignored, you can:
- File an administrative appeal under OPRA (N.J.S.A. 47:1A-1 et seq.).
- Submit a formal complaint to the agency’s Internal Affairs or civilian review board.
- Consult an attorney to explore mandamus relief in Superior Court.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances.
Helpful Hints
- Track all correspondence in writing and keep copies.
- Use clear, concise language when describing corrections.
- Ask the agency for its public records or internal affairs policy.
- Send requests by certified mail to establish proof of delivery.
- Consider hiring an attorney if you encounter resistance or delays.