Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
In New York, you cannot directly rewrite a police officer’s narrative under statute. However, you can submit a request for an annotation or addendum to the report by providing clear, convincing documentation that shows the report contains factual errors or omissions. You must work with the law enforcement agency’s Records Division or Internal Affairs office, following published procedures.
First, obtain a certified copy of the police report under the Freedom of Information Law (FOIL). Public Officers Law § 89(3) governs these requests; see https://www.nysenate.gov/legislation/laws/PBO/89. Review the report carefully and identify the specific inaccuracies or missing information.
Next, compile supportive documentation, including:
- Witness Affidavits: Dated, signed, and notarized statements from witnesses who directly observed the events in question.
- Photographs and Video Footage: Time- and date-stamped media from security cameras, dash cams, smartphones, or body-worn cameras.
- Medical Records: Doctor’s notes, hospital intake forms, or imaging reports that corroborate injuries or timelines.
- Receipts and Logs: Toll receipts, parking tickets, repair estimates, or business logs showing relevant dates, times, and locations.
- Communications Records: Text messages, emails, or call logs that establish when and how you communicated with other parties.
Once you gather your evidence, submit a written request to the Records Division. Include:
- A clear statement of the inaccuracies you want addressed, referencing page and line numbers.
- Copies of all supporting documents.
- A concise cover letter summarizing the facts and your desired correction.
Under department policy (for example, the NYPD Patrol Guide), the agency may add an annotation or supplemental report rather than rewrite the original. If the Records Division denies your request, you can file an internal appeal or submit a FOIL appeal under Public Officers Law § 89(4) (https://www.nysenate.gov/legislation/laws/PBO/89).
Separate from police reports, if you seek to correct your criminal history record (rap sheet), you may petition the Division of Criminal Justice Services under Executive Law § 837 (https://www.nysenate.gov/legislation/laws/EXC/837) for data correction.
Helpful Hints
- Submit requests in writing; keep copies of all correspondence.
- Number each document and reference its number in your cover letter.
- Use sworn affidavits rather than unsworn statements when possible.
- Follow the department’s published guidelines and timelines exactly.
- Consider consulting an attorney if the department refuses to annotate or correct.