Detailed Answer
To correct a law enforcement report under Virginia law, start by identifying the agency, report number, date, and responding officer.
- Obtain a copy of the report. Submit a public records request under the Virginia Freedom of Information Act (FOIA) (Va. Code § 2.2-3704). Agencies must respond within five working days.
- Review and note inaccuracies. Compare the report to your personal records (e.g., medical records, photos, witness statements). Highlight any errors in names, dates, descriptions, or factual events.
- Submit a written request for correction. Address the request to the Records Custodian or agency head. Include:
- Your contact information.
- Report number, date, and officer name.
- Clear description of each inaccuracy.
- Supporting evidence or documentation.
- Follow up in writing. Document any phone calls or meetings. Keep a paper trail. If the agency does not respond within a reasonable period (typically 10–30 days), send a reminder letter.
- Pursue administrative or judicial relief if needed. If the agency denies or ignores your request, you may:
- File an Internal Affairs complaint with the law enforcement agency.
- Request a meeting with the agency’s legal or compliance division.
- Seek a court order under FOIA (Va. Code § 2.2-3713).
Disclaimer: This information is not legal advice.
Helpful Hints
- Use certified mail for all written correspondence.
- Record dates, times, and names of all agency contacts.
- Keep organized copies of all documents and emails.
- Consider consulting a local attorney for complex disputes.
- Act promptly; delays can limit your options.