Step-by-Step Guide to Requesting a Police Report Amendment in Michigan
Under the Michigan Freedom of Information Act (FOIA), MCL 15.231–15.246 (MCL 15.231 et seq.), police reports qualify as public records. If a report includes incorrect information, you can request an amendment by following these steps:
- Obtain a certified copy of the report by submitting a FOIA request to the law enforcement agency’s records division. See MCL 15.237.
- Identify and document inaccuracies. Note specific errors (e.g., date, location, names) and gather supporting evidence such as photos, receipts, or witness statements.
- Submit a written amendment request to the Records Custodian. Include your contact information, report number, the exact details to change, and copies of evidence. Request a written confirmation of receipt.
- Wait for a response. The agency must acknowledge within 5 business days and grant or deny the request or request an extension. See MCL 15.240(1).
- File an appeal if denied. You may appeal to the head of the agency within 45 days. See MCL 15.240(6). The agency must decide within 10 business days.
- Pursue court action. If the appeal fails, you can file a civil action in Michigan Circuit Court for mandamus to compel amendment. See MCL 15.240(4).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for legal matters.
Helpful Hints
- Keep copies of all correspondence and evidence.
- Use certified mail or trackable delivery.
- Act promptly to meet FOIA deadlines.
- Contact internal affairs for misconduct or factual disputes.
- Consider legal counsel if the agency refuses to amend.