Detailed Answer
Under New Jersey law, you can challenge inaccuracies in a police report by submitting a written request to the records custodian of the law enforcement agency that created the report. The Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to 47:1A-13 (N.J.S.A. 47:1A-1 et seq.), governs public access to records but does not explicitly mandate corrections. However, agencies generally maintain internal policies to ensure record accuracy and may correct material errors when presented with credible evidence.
To support your amendment request, gather clear, verifiable documentation. Commonly accepted forms of evidence include:
- Signed witness affidavits: Statements from individuals who observed the incident firsthand.
- Body-worn camera or 911 recordings: Obtainable via OPRA; these recordings can confirm or refute details in the report.
- Photographs and video footage: Time-stamped images or recordings that illustrate the scene or actions described.
- Medical and repair records: Hospital bills, treatment notes, vehicle repair invoices, or other documents establishing timelines and impacts.
- Personal contemporaneous notes: Logs or diaries you maintained immediately after the event.
- Official court records or traffic citations: Transcripts, orders, or tickets that corroborate your version of events.
When you submit your request, include:
- Report identifying details (report number, date, involved parties).
- Clear description of each inaccuracy or omission.
- List of supporting documents with titles and dates.
- Specific language you want corrected or added.
State agencies have 7 business days to acknowledge your OPRA request and may take up to 14 more days for records that require additional review. If the agency denies or does not respond to your amendment request, you can file an appeal with the Government Records Council (GRC) within 45 days (GRC appeals).
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Keep certified-mail receipts as proof of your request.
- Retain copies of all submitted documents and correspondence.
- Follow up in writing if you don’t receive a timely response.
- Be concise and professional in your request.
- Consider consulting an attorney if your request is denied or if the matter is urgent.