Detailed Answer
Under Ohio law, police reports are public records (Ohio Rev. Code §149.43). While the Public Records Act does not explicitly grant a statutory right to amend a report, many Ohio law enforcement agencies maintain procedures for correcting factual errors. Below is a step-by-step guide to requesting an amendment to a police report that contains incorrect details.
1. Obtain a Certified Copy of the Report
First, request a certified copy of the report from the Records Division of the relevant police department. Under Ohio Rev. Code §149.43(B)(1), the agency must furnish public records within a reasonable time. A certified copy ensures you have an official copy for your records and any future legal steps.
2. Identify and Document the Inaccuracies
Carefully review the report and highlight every incorrect statement or omission. Collect supporting evidence such as photographs, videos, witness statements, medical records, or other documents that clearly demonstrate the errors.
3. Draft and Submit a Written Amendment Request
Prepare a formal written request addressed to the Records Division. Your request should include:
- Your full name, address, and the report number or incident number.
- A detailed description of each inaccuracy in the report.
- Copies of all supporting evidence.
- A clear statement citing Ohio Rev. Code §149.43 and asking the agency to correct the record.
Send the request via certified mail or another trackable method to establish proof of delivery.
4. Agency Review and Response
Ohio Rev. Code §149.43(B)(4) requires the agency to either provide the requested amendment or cite specific legal authority for any refusal within a reasonable time—typically 7 to 10 business days. If the agency agrees, they will issue an amended report or attach an addendum reflecting the corrections.
5. Appeal if Your Request Is Denied
If the Records Division denies your amendment request, you have two main options:
- File an administrative appeal with the Ohio Attorney General’s Public Records Unit, which oversees compliance with the Public Records Act.
- Initiate a mandamus action in court under Ohio Rev. Code §2731.05 (Mandamus) to compel the agency to correct or amend the report.
Helpful Hints
- Act promptly. Gather and submit your evidence as soon as possible.
- Be precise. Clearly identify each error and state exactly how you want it corrected.
- Keep detailed records. Save copies of all correspondence, proof of delivery receipts, and your evidence.
- Follow up regularly. If you don’t receive a response, send polite reminders.
- Consult an attorney. If the report’s inaccuracies affect your legal rights, professional legal advice can guide your next steps.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.