Disclaimer: This content is for informational purposes only and does not constitute legal advice.
Detailed Answer
In South Carolina, police reports are official law enforcement records governed by the South Carolina Freedom of Information Act (FOIA), codified at SC Code Ann. §30-4-10 et seq.. FOIA entitles you to inspect and copy public records under SC Code Ann. §30-4-40, but it does not grant an automatic statutory right to amend them. Instead, each law enforcement agency sets internal procedures for correction requests.
To support a request to amend a police report, gather clear, objective evidence showing factual errors. Typical forms of documentation include:
- Medical Records: Hospital or doctor notes with dates, times, and diagnoses to correct injury descriptions.
- Photographs & Videos: Timestamped images or footage establishing weather, location, or property conditions.
- Witness Statements: Signed affidavits from eyewitnesses clarifying disputed facts.
- Official Records: DMV abstracts, 911 call logs, or court documents verifying timelines or identities.
- Receipts & Logs: Transaction records, toll receipts, phone logs, or boarding passes proving your whereabouts.
Follow these steps:
- Submit a written request for the report under SC Code Ann. §30-4-40.
- Review the report and note each factual inaccuracy.
- Organize supporting documents chronologically and label each item.
- Send a formal amendment request letter to the agency’s records division. Include:
- Report number and date
- Detailed description of each error
- Copies of supporting evidence
- Your contact information for follow-up
- Follow up in writing and keep copies of all correspondence.
If the agency denies your request, you may appeal internally under its policy or consult an attorney about possible remedies.
Helpful Hints
- Be succinct and factual in your amendment letter.
- Submit only copies of documents; keep originals safe.
- Use certified mail or email with read-receipt proof.
- Request a written explanation if your request is denied.
- Start early—review and correction can take several weeks.