Disclaimer: This article is for general informational purposes only and is not legal advice.
Detailed Answer
Under New York’s Freedom of Information Law (FOIL), you can request corrections to an official police report maintained by a law enforcement agency. While FOIL does not explicitly guarantee a “correction” right, most agencies handle amendment requests through their Records Access Officer (RAO). Follow these steps to request a correction:
- Obtain and Review the Report: Submit a FOIL request under Public Officers Law §87 for a copy of your incident report. Review the document to identify any inaccuracies.
- Identify the Records Access Officer: Locate the RAO’s contact information on the police department’s website or by calling the records division. FOIL requires agencies to publish this under Public Officers Law §89.
- Draft a Written Correction Request: Address your letter or email to the RAO. Include:
- Your full name and contact details
- Report number, incident date, and subject
- Clear description of each error and the exact corrections you seek
- All supporting evidence (e.g., photos, witness statements, documents)
- Submit Your Request: Send your request by certified mail or the department’s accepted email method. Keep proof of submission and any delivery confirmations.
- Wait for the Agency Response: Agencies must acknowledge FOIL requests within five business days and issue a final determination within 20 business days. They may propose follow-up questions or a partial correction.
- Appeal if Necessary: If the agency denies your request or fails to respond, file an administrative appeal within 30 days to the agency head under Public Officers Law §89(4). If the appeal is denied, you can seek review by the Committee on Open Government or the Governor’s Office of FOIL Appeals.
Helpful Hints
- Gather all available evidence before drafting your request.
- Be concise and specific about each correction you seek.
- Keep detailed records of all communications and submissions.
- Use certified mail or official email to track delivery.
- Consult free legal clinics or local bar association resources for guidance.