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:
- 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.
- Gather Supporting Evidence. Collect any documentation or witness statements that demonstrate the report’s errors (e.g., medical records, photos, sworn affidavits).
- 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.
- Submit the Request. Send your letter by certified mail or deliver it in person to the department’s Records Division. Keep proof of delivery.
- 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.
- 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.
- 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.