Disclaimer: This article provides general information under Wisconsin law. It does not constitute legal advice.
Detailed Answer
Under Wisconsin law, you can ask a law enforcement agency to correct or update an inaccurate police report by presenting clear, compelling evidence of the error. Although no single statute explicitly governs amendments to police incident reports, you rely on the agency’s internal review policies and the state’s public records framework in Wis. Stat. § 19.35 (Public inspection and copying) to request corrections.
Follow these steps to support your request:
1. Identify the errors precisely. Note the specific facts or statements you believe are incorrect. Include report number, date, time, officer name, badge number, and page or paragraph where the mistake appears.
2. Gather documentary evidence. Attach any records that directly contradict the inaccurate entry. Common forms of proof include:
- Videotapes or dash-cam footage showing the actual events.
- Photographs of the scene, property damage, or injuries.
- Medical records or physician statements confirming injuries or treatment dates.
- Expert reports, such as accident reconstruction or forensic analyses.
- Witness statements signed under oath.
- Dispatch logs, 911 call recordings, or breath-alcohol test results.
3. Draft a formal amendment request. Write a concise letter or email to the records custodian or chief of police. Outline each inaccuracy and reference your supporting documents. Cite Wis. Stat. § 19.35 to emphasize your right to accurate public records. Attach copies (not originals) of all evidence.
4. Submit your request properly. Deliver your amendment request according to the agency’s procedures—by certified mail, email, or in person. Keep proof of delivery and track any confirmation numbers.
5. Follow up in writing. If you don’t hear back within the timeframe specified by agency policy (often 10–14 days), send a polite reminder referencing your original request and date.
6. Appeal a denial. If the agency refuses to correct the report, ask for a written explanation. You can then file an internal appeal with the agency’s oversight division or the municipal clerk’s office. In rare cases, you may seek a court order under Wis. Stat. § 19.37 (Enforcement) to enforce accurate record-keeping.
Helpful Hints
- Organize evidence chronologically to show clear cause and effect.
- Use certified or registered mail for all official correspondence.
- Make a copy of every document you submit—and keep the originals safe.
- Be concise and factual; avoid emotional language.
- Refer to specific paragraphs or line items in the report to reduce ambiguity.
- Consider hiring a qualified attorney if the amendment request triggers legal disputes or civil claims.
- Document all phone calls, meetings, and email exchanges with agency staff.
- Retain witness statements on agency letterhead or notarized affidavits for extra weight.