Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult an attorney for guidance on your specific situation.
Detailed Answer
In North Dakota, police incident reports are public records under N.D.C.C. § 44-04-18 (Read Statute). While the statutes require law enforcement agencies to retain and disclose reports, they do not prescribe a formal correction process for narrative details. However, you can follow these practical steps to request an amendment:
- Obtain a Certified Copy. Request and review the certified incident report from the agency’s records division. Note every error—dates, names, addresses or narrative points.
- Gather Supporting Evidence. Collect documents or other materials proving the inaccuracy: medical records, receipts, witness statements or surveillance footage.
- Draft a Written Request. Address your letter to the records custodian or chief of police. Cite the report number, date of incident and specific portions you believe are incorrect. Attach copies of your supporting evidence.
- Submit to the Agency. Deliver your request via certified mail or in person so you receive proof of delivery. Retain a copy of your letter and all attachments.
- Follow Up. Allow the department 30 days to respond. If they agree, they may issue a supplemental or corrected report. If they deny your request, they should provide a written explanation.
- Request an Annotation. Even if the agency declines to amend the original report, you can ask them to include your written statement as an addendum.
- Explore Criminal History Corrections. If the report has led to incorrect criminal history information, N.D.C.C. § 44-04-17 (Read Statute) allows you to petition the State Bureau of Criminal Investigation for correction of your criminal history record.
- Pursue Judicial Review. If the agency refuses both amendment and annotation, you may petition the district court under North Dakota’s public records law to compel correction or annotation. Consult an attorney about filing such an action.
Helpful Hints
- Keep organized records of every communication with law enforcement.
- Be specific: clearly identify the inaccurate statements and provide precise corrections.
- Include deadlines in your letters (e.g., “Please respond within 30 days”).
- Send all written requests via trackable delivery methods.
- Retain hard and electronic copies of all documents and correspondence.
- Consider hiring an attorney if the agency denies your request or if the report affects your criminal history.
By following these steps, you can assert your rights under North Dakota public records statutes and ensure that any incorrect details in your police report are corrected or appropriately annotated.