How to Request an Amendment to a Police Report with Incorrect Details in Illinois

Detailed Answer

Under Illinois law, police reports are public records governed by the Illinois Freedom of Information Act (FOIA) (5 ILCS 140; https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3355&ChapterID=10). You can seek an amendment of incorrect details by following these steps:

1. Obtain and Review the Report. Request a certified copy from the law enforcement agency’s records division. Verify the report number, date, location and any factual errors you wish to correct.
2. Draft a Written Amendment Request. Address it to the agency’s FOIA/records custodian. Identify yourself, cite the report number, specify each incorrect detail and propose the accurate information. Attach any supporting documentation, such as witness statements, photographs or receipts.
3. Submit the Request Properly. Send your letter by certified mail or hand-deliver it and obtain a receipt. Illinois FOIA requires agencies to acknowledge or respond within five business days (5 ILCS 140/3(c)).
4. Await the Agency’s Decision. The agency must notify you whether it will grant or deny your amendment request. It may propose alternatives or partially grant the request.
5. File for a Public Access Counselor Review. If the agency denies your request or fails to respond, you may file a Request for Review with the Illinois Attorney General’s Public Access Counselor within 60 days under 5 ILCS 140/11 (https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3355&ChapterID=10&SeqStart=13733000&SeqEnd=14336400). Include copies of your original request and any correspondence.
6. Pursue Court Relief if Needed. If the Public Access Counselor cannot resolve the dispute, you may file a lawsuit in the circuit court to compel amendment under 5 ILCS 140/11(f). The court can order the agency to correct inaccurate information.
7. Consider Criminal Identification Act Options. If errors affect your fingerprint-based criminal history, you can request corrections under the Criminal Identification Act (20 ILCS 2630; https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3119&ChapterID=7) through the Illinois State Police Bureau of Identification.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your particular situation.

Helpful Hints

• Keep copies of every letter, email and supporting document.
• Use clear, concise language and reference specific report sections.
• Track deadlines: five business days for agency response; 60 days for AG review.
• Send requests via certified mail or hand-delivery for proof of receipt.
• Refer to FOIA citations (5 ILCS 140) when communicating with the agency.
• Follow up politely but firmly if you don’t hear back.