Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under New Mexico’s Inspection of Public Records Act (IPRA), NMSA 1978, § 14-2-1 et seq., you have the right to request amendments to public records—including police reports—that contain inaccurate, incomplete or outdated information. Police agencies at the state, county or municipal level fall under IPRA’s definition of “public body.” See NMSA 1978, § 14-2-6(A).
1. Identify the Errors in the Report
Obtain a copy of the police report and mark the specific details you believe are incorrect. Common errors include misspelled names, wrong dates, inaccurate descriptions of events or locations.
2. Prepare a Written Amendment Request
Write a formal letter to the records custodian at the issuing police department. Include:
- Your full name, address and phone number.
- The police report number or incident number.
- A concise list of each incorrect item alongside the correct information.
- A citation to IPRA § 14-2-8, which governs amendment requests: NMSA 1978, § 14-2-8.
- Copies of supporting documents, such as witness statements or identification records, that validate your requested changes.
3. Submit Your Request and Keep Proof
Mail your letter via certified mail with return receipt or hand-deliver it in person. Retain copies of the letter, enclosure documents and proof of delivery.
4. Wait for the Agency’s Response
The police department must notify you within 30 calendar days whether it will grant or deny the amendment. If you receive no response within 30 days, New Mexico law treats it as a denial. See NMSA 1978, § 14-2-10.
5. Request an Informal Hearing if Denied
If your amendment request is denied, ask in writing for an informal hearing within 15 days of the denial. IPRA sets out hearing procedures under NMSA 1978, § 14-2-12. An impartial hearing officer reviews the evidence and issues a written decision.
6. Appeal to District Court
If the hearing decision remains unfavorable, you can file a petition in New Mexico district court within 30 days of the final administrative order. The court may order the public body to add, amend or delete information it finds inaccurate, irrelevant or unnecessary.
Helpful Hints
- Always keep a file of all correspondence, delivery receipts and hearing notices.
- Use clear, concise language when describing each error and correction.
- Attach certified copies of documents that support your corrections, such as government-issued IDs or official records.
- Follow up in writing if you do not receive any response within the statutory timeframe.
- If you encounter procedural hurdles, consider contacting the State Records Access Appeals Office for guidance.
- Seek assistance from a local legal aid organization if you have difficulty navigating the IPRA process.