What evidence or documentation supports a request to amend a police report in Virginia?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Disclaimer

This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

In Virginia, state law does not expressly grant a private right to amend a police report. However, law enforcement agencies often maintain internal procedures to review and correct factual errors. To support your request, you must supply clear, objective evidence showing a mistake or omission in the official record.

Begin by submitting a written request to the records custodian or public information officer at the relevant police department. Include:

  • A precise description of the report (case number, date, and officer’s name).
  • A statement identifying each specific inaccuracy or missing fact.
  • Copies of supporting documents or recordings.

Examples of evidence and documentation include:

  • Photographs or video (surveillance footage, dashcams, body-worn cameras).
  • Audio recordings (911 call logs, witness interviews).
  • Medical or accident scene diagrams.
  • Official logs (vehicle maintenance records, dispatch reports).
  • Sworn affidavits from independent witnesses.
  • Expert analyses (accident reconstruction, forensic reports).

If the agency refuses your request, you may invoke the Virginia Freedom of Information Act (Va. Code § 2.2-3704.1) to demand access to the report and related communications. You can then appeal denials under Va. Code § 2.2-3713. Always keep copies of your requests and any agency responses.

Helpful Hints

  • Review the report line by line and note every error or missing detail.
  • Gather objective, verifiable evidence before filing your request.
  • Address your request to the official records custodian by name and title.
  • Send requests via certified mail or another trackable method.
  • Keep a file with all correspondence and proof of delivery.
  • Consult an attorney if the agency denies your amendment request or FOIA appeal.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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