Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation.
Detailed Answer
Under Oklahoma law, police reports are public records maintained by law enforcement agencies. If a report contains incorrect details—such as a wrong date, misidentified parties, or factual errors—you can request an amendment by following these steps:
1. Identify the Inaccuracies
Carefully review the report and note each incorrect detail. Common errors include names, dates, locations or actions attributed to you. Document why each entry is wrong and collect supporting evidence (e.g., photos, medical records, witness statements).
2. Gather Supporting Documentation
To strengthen your request, obtain any records or testimony that prove the inaccuracy. For example, if the report lists the wrong date, provide a copy of a calendar entry, ticket stub or email timestamp.
3. Submit a Written Request to the Records Custodian
Locate the agency’s records division (often called the Records or Public Information Office). Draft a concise letter or email that:
- Specifies the report (date, report number, case type).
- Lists each incorrect detail and explains why it is wrong.
- Attaches copies of your supporting documentation.
- Requests that the agency correct the errors or attach an addendum.
Under the Oklahoma Open Records Act (51 O.S. §24A.1 et seq.), law enforcement must respond to public records requests. While the Act does not explicitly require agencies to “amend” records, many departments will attach a written addendum or correct obvious mistakes on request. For reference, see 51 O.S. §24A.18 on pursuing court action if your request is wrongly denied: 51 O.S. §24A.18.
4. Follow Up and Keep Records
If you don’t receive a response within 10–15 business days, follow up in writing. Keep copies of all correspondence and proof of delivery (e.g., certified mail receipt or email read receipt).
5. Appeal a Denial
If the agency denies your request or refuses to correct the report, you can:
- File an appeal under the Oklahoma Open Records Act by filing a petition in district court per 51 O.S. §24A.18.
- Seek a court order compelling the agency to provide or correct records.
6. Consider Related Remedies
If the incorrect report affects your criminal history, you may pursue expungement or sealing under 22 O.S. §18, which can remove or correct outdated or erroneous arrest and conviction records: 22 O.S. §18.
For officer misconduct or unprofessional handling of your request, you can file a complaint with the agency’s internal affairs or the Office of the State Auditor and Inspector.
Helpful Hints
- Be precise: clearly identify the report number and each error.
- Use certified mail or tracked email to document your submission.
- Provide copies, not originals, of supporting documents.
- Keep a detailed log of phone calls, names, dates and summaries.
- Act promptly—time can affect your ability to appeal.
- If the report involves a crash or criminal matter, consider consulting a lawyer early.