When a Delaware police report contains incorrect details, you can request an amendment to protect your rights and ensure accurate public records. This process involves Delaware’s criminal justice and public records laws.
Detailed Answer
Under Delaware law, you may ask a police agency to correct or annotate a report that contains errors or omissions. Agencies designate a records custodian to handle these requests. For criminal justice records—including police reports—11 Del. C. § 2825 governs corrections within the Delaware Criminal Justice Information System (CJIS). See https://delcode.delaware.gov/title11/c028/.
- Identify the Custodian
Contact the records division of the agency that prepared the report. For municipal or county departments, check their official website. For state police reports, visit the Delaware State Police Records Section. - Gather Supporting Evidence
Collect documents or sworn statements that demonstrate the inaccuracies, such as photographs, video clips, or affidavits from witnesses. - Submit a Written Request
Write a clear letter or complete the department’s correction form. Include your name, report number, report date, a description of each error, and your proposed correction. Attach copies of your supporting evidence. - Reference the CJIS Statute
Cite 11 Del. C. § 2825, which requires agencies to correct or annotate criminal justice records. Link: https://delcode.delaware.gov/title11/c028/. - Await the Agency’s Response
Delaware agencies typically respond within 30 days. If they agree, they will correct the report or add an official annotation explaining the dispute. - Appeal a Denial
If the agency denies or ignores your request, you can file an appeal under the Delaware Freedom of Information Act. See Title 29, Chapter 59 of the Delaware Code (https://delcode.delaware.gov/title29/c059/) and the appeal procedures in 29 Del. C. §§ 10004–10006. You may request a review by the Public Access Ombudsman or file a petition in Superior Court. - Consider Internal Affairs
If the error involves officer conduct or credibility, you can also submit your concern to the department’s internal affairs or professional standards unit for investigation.
Helpful Hints
- Keep copies of all correspondence, forms, and evidence you submit.
- Send written requests via certified mail or recorded delivery to confirm receipt.
- Track statutory deadlines: FOIA appeals generally must be filed within 15 business days of denial.
- Be polite and concise in your communications to encourage cooperation.
- If you face significant pushback or complex legal issues, consider consulting a qualified attorney in Delaware.
Disclaimer: This article provides general information about Delaware law and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your situation.