Detailed Answer
Disclaimer: This information is not legal advice. Consult an attorney for advice tailored to your situation.
If you believe a police report contains errors, gather evidence showing the inaccuracy and submit a written amendment request to the law enforcement agency’s records custodian. While Wisconsin law does not set a specific amendment form, the Wisconsin Public Records Law (Wis. Stat. chapter 19) grants you the right to inspect records and request corrections. See Wis. Stat. § 19.35 for procedures on copying, inspecting, and challenging records.
Common types of supporting documentation include:
- Body-worn camera and dashcam footage: Original videos or precise timestamps that clarify or contradict details in the written report.
- 911 call recordings and transcripts: Audio logs from dispatch that capture your statement or witness observations.
- Witness statements: Signed affidavits or written declarations from persons who observed the incident.
- Photographs and videos: Time-stamped images of the scene, injuries, or property damage that differ from the report.
- Medical and expert reports: Hospital records, clinic notes, or expert analyses confirming injuries or conditions not accurately recorded.
- Property damage estimates and receipts: Invoices, repair estimates, or receipts showing costs or damage omitted or misstated in the report.
- Communication logs: Text messages, emails, or call logs establishing your version of events or timeline.
- Official logs and entries: Access records, building entry logs, or administrative entries documenting times and events the report missed or misstated.
When you submit an amendment request, include:
- A clear description of each alleged error.
- Copies of all supporting documents (keep originals).
- The date, time, incident number, and officer name referenced in the report.
- Your full contact information and signature.
Once received, the agency must respond within a reasonable time either by updating the record or explaining in writing why it denied your request. If the agency refuses to correct material inaccuracies, you may seek further review under the Administrative Procedure Act or file a mandamus action in circuit court.
Helpful Hints
- Send your amendment request via certified mail and retain proof of delivery.
- Keep detailed notes of all communications with the records custodian.
- Follow up in writing if you have not received a response within 14 days.
- Organize evidence chronologically to make your case clear and concise.
- Consult an attorney if the agency denies correction of significant errors.