Detailed Answer
Under Oregon law, police reports fall under the state’s public records statutes (ORS 192.311 – 192.478). While you may not have an absolute statutory right to rewrite an officer’s original narrative, you can ask the custodian (the law enforcement agency) to correct factual errors or attach your own supplemental statement. Here’s how:
1. Review the Report and Note Errors
Obtain a copy of the report through a public records request under ORS 192.311 (“Public Records—Definitions and Policy”). Carefully compare the officer’s narrative to your own recollection or other evidence. Common mistakes include incorrect dates, wrong vehicle descriptions, misquoted statements or inaccurate location details.
2. Gather Supporting Evidence
Collect any documentation that proves the error. This may include:
- Photographs (e.g., of the correct vehicle or scene)
- Receipts, video recordings or dashcam footage
- Witness statements signed and dated
3. Draft a Formal Amendment Request
Write a clear, concise letter addressed to the agency’s records custodian or the officer’s supervisor. Include:
- Report number, date of incident and your contact information
- A description of each inaccuracy and the correct information
- Copies of supporting evidence
- A request either to correct the record or to attach your statement of disagreement
4. Submit Your Request
Send your amendment request by certified mail or deliver it in person to the department’s records division. Under ORS 192.317 (“Public Records Publicly Available—Methods of Access”), agencies must respond to public records requests within a reasonable time. Follow up in writing if you don’t hear back within 10 business days.
5. Follow Up and Appeal if Necessary
If the agency denies your request or fails to respond, you can:
- File an internal appeal with the department’s records appeals officer or the chief of police.
- Pursue a remedy under ORS 192.482 (“Judicial Review—Injunctions and Other Relief”), asking a court to order disclosure or correction.
- Contact the Oregon Attorney General’s Public Records Division for mediation guidance.
Hypothetical Example: Jane Doe requests an amendment after seeing her SUV’s color listed as blue instead of gray. She sends a certified letter with photos and a notarized witness statement. The department attaches her supplemental statement to the file, even though the original report stays unchanged.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Helpful Hints
- Keep copies of every letter, email and certification receipt.
- Be precise: reference report numbers and exact wording to avoid misunderstandings.
- Check your department’s website for any special forms or internal deadlines.
- Stay polite and professional; record custodians handle many requests daily.
- If you hit a roadblock, consider contacting a civil rights or public records attorney.