How can someone request an amendment to a police report that contains incorrect details in Montana?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This information is for educational purposes only and is not legal advice.

Detailed Answer

Under Montana’s public records law (Montana Code Annotated (MCA) 2-6-100 et seq.), individuals may request to correct factual errors in records held by state and local agencies. Police reports qualify as public records. To seek an amendment:

  1. Identify the Error: Clearly describe the incorrect detail in the report (e.g., wrong time, misidentified vehicle).
  2. Gather Documentation: Collect evidence that shows the information is inaccurate (e.g., video footage, witness statements).
  3. Submit a Written Request: Send a written request to the law enforcement agency’s records custodian, citing MCA 2-6-112. Include:
    • Your contact information
    • Description of the error and date of the report
    • Supporting evidence attached
    • Reference: MCA 2-6-112
  4. Follow Up: Confirm receipt via certified mail or email. Ask for an estimated response date.
  5. If Denied: The agency must respond in writing. If it refuses the correction, you can appeal to the district court under MCA 2-6-117 within 30 days of the denial.

Act promptly and keep copies of all correspondence. Agencies often resolve straightforward corrections administratively.

Helpful Hints

  • Be concise and factual in your request.
  • Use certified mail or email with read receipts.
  • Keep organized records of your communications and evidence.
  • Consider meeting with the records custodian for clarification.
  • Consult an attorney if the agency denies your request or if the error affects your legal rights.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.