Detailed Answer
Under New York’s Freedom of Information Law (FOIL), any person may inspect and copy most state and municipal records, including police reports. While FOIL does not provide a formal “amendment” procedure, you can request a correction or attach your own statement. Follow these steps to address incorrect details in a police report:
Step 1: Obtain a Copy of the Police Report
Submit a FOIL request to the records custodian of the agency that prepared the report. You can file online, by mail, or in person. Cite N.Y. Public Officers Law § 87 (PBO § 87).
Step 2: Review and Identify Errors
Carefully compare the report’s facts with your own records, such as photos, affidavits, and medical reports. Note each incorrect detail, page number, and line.
Step 3: Draft an Amendment Request Letter
Address your letter to the agency’s records access officer. In your letter:
- Reference your FOIL request number.
- Cite each error with location (page/paragraph).
- Explain the correct information you seek to add or change.
- Attach supporting evidence, such as sworn affidavits.
Step 4: Submit Supporting Evidence
Include clear, dated documents or witness statements that prove the correct facts. Label each exhibit and mention it in your letter.
Step 5: Await the Agency Response
Under N.Y. Public Officers Law § 89(3)(a) (PBO § 89), the agency must acknowledge receipt within five business days and issue a determination—granting, denying, or partially granting your request—within 20 business days.
Step 6: File a FOIL Appeal if Denied
If the agency denies your amendment request or refuses to attach your statement, you may appeal to the head of the agency within 30 days under PBO § 89(4)(a). The agency head then has 10 business days to respond.
Step 7: Consider Judicial Review
If the appeal is unsuccessful, you can bring a special proceeding in Supreme Court within one year of the final determination under PBO § 89(4)(b).
Additional Remedies
• File an internal complaint with the agency’s Internal Affairs Bureau or Inspector General.
• If you believe the errors caused you harm, consider consulting a civil rights attorney about Section 1983 claims in federal court.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Helpful Hints
- Keep copies of all correspondence and proof of mailing.
- Use certified mail or courier with tracking for important submissions.
- Organize evidence in chronological order.
- Follow up in writing if you don’t receive timely acknowledgment.
- Polite persistence often yields better results.