Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
If you discover incorrect details in a Maryland police report, you can take the following steps to seek an amendment:
- Identify the error clearly. Note the report number, date, and exact language or data that is incorrect. Examples include wrong date of birth, misquoted statements, or incorrect property descriptions.
- Gather supporting documentation. Collect any evidence that proves the inaccuracy: receipts, photographs, witness statements, medical records, or correspondence.
- Submit a formal written request. Write a letter or complete the department’s records amendment form. Address it to the Records Division or Internal Affairs Unit of the law enforcement agency that issued the report. Include:
- Your name, address, and contact information.
- The police report number and date.
- A clear description of the incorrect details.
- Copies of your supporting documents.
- Reference Maryland’s Public Information Act (PIA). While the PIA (Md. Code, Gen. Prov. §4-201 et seq.) controls access to government records, many agencies use similar procedures to consider challenges to record content. Cite GP §4-301 to underscore your right to inspect records and request corrections.
- Follow up on your request. If you don’t receive a response within the department’s published timeframe (often 30 days), send a reminder. Keep copies of all correspondence.
- Escalate if necessary. If the agency denies your request or fails to act, you may:
- File an administrative appeal under the PIA with the Maryland Attorney General’s Open Government Unit (open.maryland.gov).
- Contact your local State’s Attorney or Police Oversight Commission to lodge a complaint against the handling of your records amendment.
- Consult a civil attorney to discuss a judicial mandamus action compelling the agency to correct the record.
Following these steps ensures you present a clear, well-documented request and leverage Maryland’s statutory framework for public records.
Helpful Hints
- Save certified mail receipts and email delivery confirmations.
- Keep detailed notes of all phone calls: date, time, person spoken to, and summary.
- Make and retain copies of every document you submit and receive.
- Be concise and factual in your written request.
- Consider obtaining a lawyer’s review if your amendments involve criminal allegations or serious personal harm.