Disclaimer: This article provides general information and is not legal advice. Always consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
Under Washington law, you have the right to inspect public records, including police reports, under the Washington Public Records Act (RCW 42.56). However, the law does not guarantee an absolute right to amend those documents. Instead, you can formally request that the law enforcement agency review and correct factual errors or, if not changed, attach your statement of disagreement.
1. Obtain and Review the Report
First, request a certified copy of the police report from the agency’s Records Division. Under RCW 42.56.070, agencies must respond within five business days. Carefully read every entry and note all inaccuracies.
2. Draft a Written Request for Correction
Prepare a concise, dated, and signed letter to the agency’s Records Supervisor or Internal Affairs Unit. In your letter:
- Reference the report number, date, and officer names.
- Identify each incorrect detail clearly and cite the correct information.
- Enclose copies of supporting documents (e.g., photos, witness statements, medical records).
- Request that the agency correct the report or attach your statement of disagreement.
3. Submit Your Request and Keep Records
Send your request via certified mail or deliver it in person and obtain a receipt. Retain copies of everything. The agency should acknowledge your request under RCW 42.56.520 (public records management).
4. Follow Up and Appeal
If you do not receive a response within 10 business days, follow up in writing. Should the agency deny your request, ask for the written basis of the denial. You may then:
- File an administrative appeal with the agency’s Appeals Officer.
- Seek assistance from the Washington State Attorney General’s Public Records Ombuds at https://www.atg.wa.gov/open-government.
- Request that your statement of disagreement be included with any future disclosures of the report.
5. Consider Legal Remedies
If administrative appeals fail, you may:
- File a lawsuit under RCW 42.56.550 to enforce the Public Records Act.
- Consult a civil attorney about claims for defamation or negligence if the errors cause harm.
Helpful Hints
- Be polite but precise. Clear, factual requests get faster responses.
- Keep all correspondence in writing; avoid verbal promises.
- Use certified mail or a delivery service that provides tracking.
- Request a written denial if your correction request is refused.
- Attach a brief personal statement of disagreement if corrections aren’t made.
- Track all deadlines under the Washington Public Records Act (RCW 42.56).
- Consult an attorney early if you anticipate litigation.