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Detailed Answer

Under Virginia’s Freedom of Information Act (FOIA), individuals may access and request amendment of public records that contain their personal information. A police report qualifies as a public record under Va. Code § 2.2-3701. To request an amendment of incorrect details, follow these steps:

1. Obtain a copy of the report. File a FOIA request with the agency’s records custodian. Va. Code § 2.2-3704 permits inspection and copying of public records. Provide your name, date of incident, and any identifying report number.
2. Identify the inaccurate details. Review the report carefully and note each error in dates, locations, names, or statements.
3. Gather supporting evidence. Collect witness statements, photographs, audio or video files, or other documents that verify the correct information.
4. Submit a written amendment request. Send a signed letter to the records custodian or public information officer including:
   • Your name and contact information;
   • Report number, date, and agency;
   • Clear description of each incorrect detail;
   • Your proposed correction;
   • Copies of supporting evidence;
   • Reference to Va. Code § 2.2-3705.5 (right to request amendment of personal record entries): law.lis.virginia.gov/vacode/title2.2/chapter37.1/section2.2-3705.5/.

   Virginia law requires a response within five business days.

5. Appeal a denial. If the agency denies your request, you may file a petition in the circuit court under Va. Code § 2.2-3713: law.lis.virginia.gov/vacode/title2.2/chapter37.1/section2.2-3713/. You must file within 30 days of the denial.
6. Consider legal counsel. If the issue remains unresolved after agency review or court appeal, consult a qualified attorney for further guidance.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.

Helpful Hints

• Keep copies of all correspondence and evidence.
• Send your request via certified mail or another trackable method.
• Be clear and concise when describing errors and proposed corrections.
• Follow up with the records custodian if you do not receive a timely response.
• If you file an appeal, ensure you meet all court deadlines.