Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
Under Ohio law, a police report held by a law enforcement agency is a public record subject to Ohio Revised Code §149.43. While you cannot force an officer to rewrite a past narrative, you can formally request corrections or clarifications through the agency’s public records process and its internal review procedures.
- Identify the report and agency. Locate the report number, date, and issuing agency (city police department, county sheriff, or state patrol).
- Review Ohio’s public records statute. Ohio Revised Code §149.43 governs access and amendments. It requires the custodian of records to respond promptly to requests. See Ohio Rev. Code §149.43.
- Submit a written request. Address your request to the agency’s Records Custodian. In your letter or email:
- Describe the report by case or incident number.
- Specify the exact words, dates, facts, or sections you believe are incorrect.
- Explain why the information is wrong and attach any evidence (photos, videos, witness statements).
- Request that the agency add an addendum or correction note to the original report.
- Follow up internally. If you receive no response within a reasonable time (often 7–14 days), escalate to a supervisor or the Internal Affairs unit. Keep copies of all communications and proof of delivery (certified mail, read receipts).
- File a public-records appeal if denied. Under ORC §149.43(B)(5), you may seek an independent review by the county prosecutor or the Ohio Attorney General’s Public Records Unit. If they find the agency wrongly denied or ignored your request, they can order the agency to comply.
- Consider civil remedies. If incorrect statements in a report harm your reputation, you may have a defamation claim under Ohio law (see Ohio Rev. Code §2307.60). Consult a lawyer to evaluate filing a lawsuit for damages.
Helpful Hints
- Maintain a clear paper trail: save all emails, letters, and certified mail receipts.
- Be specific: vague requests lead to delays or denials.
- Use official letterhead or your full legal name for credibility.
- Ask for a written acknowledgment of your request and estimated response time.
- If the agency lacks an addendum process, request that they annotate the report with your comments.
- Keep calm and professional; hostile language can reduce cooperation.
- Consult a lawyer early if the report affects criminal or civil proceedings against you.