VT: How to Request an Amendment to a Police Report That Contains Incorrect Details

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to Request an Amendment to a Police Report That Contains Incorrect Details

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.

Detailed Answer

Under Vermont law, most police reports are public records governed by the Vermont Public Records Act (1 V.S.A. § 315 et seq.). If a report contains inaccurate or incomplete information, you can ask the law enforcement agency to correct or clarify the record. Follow these steps:

  1. Obtain a Certified Copy. First, request and review a certified copy of the report. Submit a written request to the records custodian under 1 V.S.A. § 317 (https://legislature.vermont.gov/statutes/section/01/001/00317). This ensures you see exactly what language is in the official file.
  2. Gather Supporting Evidence. Collect any documentation or witness statements that demonstrate the report’s errors (e.g., medical records, photos, sworn affidavits).
  3. Prepare a Written Amendment Request. Draft a letter addressed to the records custodian or police chief. Include:
    • Report number, date, and officer’s name.
    • Precise description of each incorrect detail.
    • Correct information, with references to your supporting evidence.
    • A copy of your certified report attached for context.
  4. Submit the Request. Send your letter by certified mail or deliver it in person to the department’s Records Division. Keep proof of delivery.
  5. Follow Up in Writing. If you don’t receive a response within 10 business days, send a polite written reminder. Under 1 V.S.A. § 317, agencies must respond promptly to access and amendment requests.
  6. Appeal a Denial. If the department refuses or ignores your request, you may:
    • File an internal complaint with the department’s Professional Standards or Internal Affairs Unit.
    • Submit a petition to the Vermont Attorney General’s Office Public Records Division.
    • Consider filing civil suit under 1 V.S.A. § 319 if you believe the agency is not complying with the Public Records Act.
  7. Seek Court Intervention. As a last resort, you can petition the Vermont Superior Court for an order compelling correction or annotation of the record. A judge can instruct the agency to amend the report or attach your request and supporting evidence to the file.

Helpful Hints

  • Use clear, neutral language. Avoid inflammatory or accusatory tone in your written request.
  • Keep copies of every letter, email, and proof of delivery.
  • Be specific. Reference the exact page and paragraph where the error appears.
  • Include a self-addressed stamped envelope if you request the department to mail you their response.
  • If the error affects a court case, notify your attorney and the court clerk immediately.
  • Consider mediation or informal meeting with the records custodian to resolve minor disputes.
  • Check department policy online—many agencies post their records amendment procedures on their website.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.