Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a Utah attorney.
Detailed Answer
Under Utah’s Government Records Access and Management Act (GRAMA), you can request access to records and seek corrections or addenda to official documents, including police reports. Although GRAMA does not explicitly mandate that law enforcement must alter an existing report, you may ask the agency to attach your corrections. Follow these steps:
- Identify Errors or Omissions: Carefully review the police report for incorrect dates, times, locations, witness accounts, or factual details.
- Gather Supporting Evidence: Collect documents that directly contradict or clarify the report’s contents, such as:
- Video or audio recordings (e.g., surveillance footage, body-camera video).
- 911 call transcripts or dispatch logs.
- Witness affidavits or sworn statements.
- Medical records or hospital intake notes.
- Repair invoices, damage estimates, or photographs of property.
- Cell phone location data or text message logs.
- Submit a Written GRAMA Request: Address your letter to the agency’s GRAMA records officer. Include the report/incident number, date of the report, and a clear description of each alleged error. Cite Utah Code § 63G-2-203 (GRAMA response timeline), requesting access and correction or addenda to the record.
- Attach Documentation: Enclose copies of all evidence you gathered. Label each exhibit (e.g., “Exhibit A: Surveillance stills dated MM/DD/YYYY”).
- Agency Review and Response: Under Utah Code § 63G-2-203, the agency must respond within 10 business days. They may grant your request, partially grant it, or deny it with written reasons.
- Appeal a Denial: If denied or only partially granted, you may file an appeal in district court under Utah Code § 63G-2-401 (GRAMA judicial review). Follow the deadlines in the denial notice.
Keep in mind many departments will create an “addendum” rather than overwrite the original report. This addendum stays with the permanent record.
Helpful Hints
- Reference the exact report or incident number in all communications.
- Use sworn affidavits for witness statements to enhance credibility.
- Retain original evidence and keep multiple backups of digital files.
- Send GRAMA requests via certified mail or trackable delivery to confirm receipt.
- Note all GRAMA response deadlines on your calendar.
- Review your local police department’s records policy online for specific forms or procedures.
- Consider consulting a Utah attorney if your request is complex or denied.