Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Ohio, police reports are official records maintained by law enforcement agencies. Although the Ohio Public Records Act (Ohio Rev. Code § 149.43) guarantees public access to these documents, it does not provide a direct statutory right to amend an existing report. Instead, Ohio courts have recognized that individuals may request corrections through an agency’s internal review process or by seeking judicial relief if the agency refuses. To build a strong case for amending a police report, you must submit clear, credible evidence showing specific errors or omissions.
Key Ohio statute: Ohio Rev. Code § 149.43.
Most departments publish a general order or policy outlining how to request corrections. Typically, you must:
- Identify the report by case or incident number.
- Describe each inaccuracy with precision (page, paragraph, line).
- Attach supporting evidence.
- Submit the request in writing to the records custodian or the chief of police.
If the agency denies your request, you may:
- File an administrative appeal within the department.
- Submit a public records appeal under Ohio Rev. Code § 149.43(C)(1), asking a court to review the refusal.
- Consider filing a mandamus action in the county common pleas court to compel amendment.
Types of Evidence and Documentation
- Body-worn or dash-cam video: Footage that directly contradicts statements in the report.
- Third-party witness affidavits: Sworn statements from neutral observers.
- Photographs or privately recorded video: Images showing scene details, property damage, or injuries.
- Medical or crash reports: Hospital records or official accident reports illustrating physical evidence.
- Communication records: Text messages, phone logs, emails, or radio transmissions.
- Documentary evidence: Receipts, property inventories, repair estimates, or court filings.
Attaching clear exhibits and labeling them to match the report sections you want changed improves credibility and streamlines the review process. If the agency still refuses, retaining an attorney experienced in Ohio public records litigation can help you navigate appeals or court filings.
Helpful Hints
- Obtain a certified copy of the police report first to verify all content before requesting amendments.
- Gather evidence promptly to prevent loss or overwrite of video and digital records.
- Use numbered exhibits and reference them by exhibit number and report page.
- Keep detailed records of every communication with the agency, including dates and names.
- Consider notarizing affidavits to increase their evidentiary weight.
- Follow agency deadlines for internal appeals to avoid procedural bars.
- If you encounter resistance, file a formal public records appeal under Ohio Rev. Code § 149.43(C)(1).