How to Request a Correction to a Police Report in Kentucky
Disclaimer: This article provides general information only and is not legal advice.
Detailed Answer
If you discover errors in a police or incident report prepared by a Kentucky law enforcement agency, you have the right to ask for amendments. Follow these steps:
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Obtain a Copy of the Report
Request a certified copy of the report from the agency’s records division. Under the Kentucky Open Records Act (KRS Chapter 61.870 et seq.), most incident reports qualify as public records.
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Identify Inaccuracies
Carefully read the report and highlight any incorrect dates, times, names, or facts. Gather supporting documents—such as medical records, photographs, or witness statements—that demonstrate the mistakes.
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Submit a Written Request
Send a formal letter or email to the agency’s Custodian of Records. Under KRS 61.870(6), the custodian must maintain records and respond to written requests. Your request should:
- Reference the report number and date.
- List each error and propose the correct information.
- Attach your supporting evidence.
- Include your contact details and a reasonable deadline (e.g., 10–14 days).
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Follow Agency Policy
Each agency may have an internal procedure for reviews. You may be asked to speak with a supervisor, investigator, or records manager. Keep a log of all calls and correspondence.
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Wait for Agency Response
State law does not set a strict timetable for corrections. However, agencies generally respond within 30 days. If the custodian agrees, they will amend the report or append an addendum noting the correction.
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Appeal or Escalate
If the agency denies your request or ignores you, you may:
- File a written appeal to the agency head or chief.
- Contact the Kentucky Open Records Ombudsman.
- Pursue a court order under KRS 61.882 to enforce your rights.
Helpful Hints
- Keep detailed records of all communications, including dates and names.
- Remain polite and professional when dealing with agency staff.
- Request certified copies of any amendments or addenda.
- Follow up in writing if you do not receive a response within your deadline.
- Consider consulting a private attorney if the agency repeatedly denies corrections.