Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
1. Identify the Correct Agency or Officer
Begin by determining which law enforcement agency or officer prepared the report you wish to correct. Common agencies include:
- City or municipal police departments
- County sheriff’s office
- State agencies, such as the Wisconsin Department of Justice Division of Criminal Investigation
Check the report header for contact information or visit the agency’s official website for the Records Division or Public Records Custodian.
2. Submit a Written Request for Correction
Wisconsin’s Public Records Law (Wis. Stat. §19.31–.39) governs access to and amendment of official records. While it does not explicitly require agencies to alter existing reports, you can:
- Draft a letter addressed to the agency’s Records Custodian or Internal Affairs Unit. Include:
- Your name, address, and phone number
- Report number or case identifier
- Clear description of the information you believe is incorrect
- Documentation or evidence supporting your requested correction
- Request an addendum or errata sheet to accompany the original report, explaining the correction.
- Reference Wis. Stat. §19.35(1)(b), which requires agencies to respond to public records requests within 10 business days: https://docs.legis.wisconsin.gov/statutes/statutes/19/35/1/b
3. Follow Up on Your Request
If the agency does not respond within 10 business days, send a polite reminder by certified mail or email. Keep copies of all correspondence.
4. Escalate If Necessary
If you receive a denial or no response, you may:
- File a written complaint with the agency’s Internal Affairs or Professional Standards Unit.
- Request a formal review under Wis. Stat. §19.37 by filing an action in circuit court: https://docs.legis.wisconsin.gov/statutes/statutes/19/37
- Contact the Wisconsin Department of Justice for guidance on law enforcement practices.
5. Consider Legal Counsel
If your request is denied or you face obstacles, consult an attorney experienced in Wisconsin public records law. They can help you:
- Prepare formal pleadings
- Navigate the court process under Wis. Stat. §19.37
- Advocate for your right to accurate public records
Helpful Hints
- Keep all communications professional and factual.
- Document each step: date you sent letters, names of staff you spoke with, and responses received.
- Use certified mail or return receipt email to verify delivery.
- Be concise: state the error, the correct information, and attach evidence.
- Check the agency’s website for any fee schedules or forms for record amendments.
- Be aware of deadlines: under Wis. Stat. §19.35, agencies have 10 business days to respond to records requests.
Note: This summary reflects Wisconsin law as of the date of publication and may change. Always verify current statutes before taking action.