Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Tennessee law, individuals can challenge inaccuracies in public records—including police incident reports—by requesting amendments from the record custodian and, if necessary, petitioning a court to enforce corrections.
- Obtain a Certified Copy of the Report. File a public records request with the police department’s Records Division. Under the Tennessee Public Records Act (T.C.A. § 10-7-101 et seq.), agencies must provide copies of records upon request.
- Identify and Document Errors. Review the report carefully. Note incorrect names, dates, times, locations or statements. Gather supporting evidence such as photos, videos, witness affidavits or official documents.
- Submit a Written Amendment Request. Draft a letter addressed to the Records Custodian. Include:
- Your full name and contact details
- Report number and date of incident
- Detailed description of each inaccuracy
- Copies of supporting evidence
Send via certified mail and retain the receipt as proof of delivery.
- Follow Up with the Department. Allow at least 15 business days for an initial response. If the department agrees, they may issue an amended report or attach your request and evidence to the original file.
- Escalate if Denied. If the department refuses to correct inaccurate information, you may petition a Tennessee court under T.C.A. § 10-7-505 to compel the custodian’s compliance. File a petition in the chancery or circuit court in the county where the custodian’s office is located. The court can order the agency to amend or annotate the record.
- Consider Additional Remedies. If inaccuracies caused you harm, you may file an internal affairs complaint or contact the district attorney’s office. In certain cases, you could have a claim for defamation or negligence.
Helpful Hints
- Maintain a log of all requests, responses and dates.
- Use clear, concise and professional language in all communications.
- Include legible copies of all supporting documents.
- Use certified mail or other trackable delivery methods.
- Consult a civil attorney if the agency denies your petition or if you need to file in court.