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Detailed Answer

If you find incorrect details in a North Dakota police report—such as a misspelled name, wrong date, or inaccurate description of events—you may request an amendment under the state’s open-records law. North Dakota Century Code §44-04-19(Correction of Government Records) requires a state or local agency to promptly correct records that are “incorrect, incomplete, or misleading.” Police reports qualify as government records.

Follow these steps to request an amendment:

1. Obtain a Certified Copy: First, request a certified copy of your police report under NDCC §44-04-18(Inspection of Government Records). This ensures you have the exact report the agency holds.
2. Identify Specific Errors: Carefully highlight each incorrect detail—names, dates, locations, or factual descriptions. For example, if the report lists the wrong house number, note the correct address.
3. Gather Supporting Evidence: Collect documents or photographs that prove the errors. Witness statements, photographs of the scene, or official IDs can help establish the accurate information.
4. Draft a Written Request:
   • Address it to the Records Custodian (often the Records Division at the law enforcement agency).
   • Reference NDCC §44-04-19 and request correction of each specific inaccuracy.
   • Attach copies of supporting evidence and a clean copy of the report with your proposed corrections.
   • Include your contact information for any follow-up questions.
5. Send via Certified Mail or Deliver In-Person: Certified mail with return receipt creates proof of delivery. Keep copies of everything you send.
6. Agency Response: The agency must respond “promptly.” While the statute does not set a strict deadline, 14–30 days is typical. They may:
   • Approve your request and issue an amended report.
   • Propose an informational note in the file if they decline to fully amend the record.
   • Deny the request, stating reasons in writing.
7. Appeal a Denial: If the agency denies your request, you may:
   • Submit a written appeal to the agency’s upper management (e.g., the Sheriff or Police Chief).
   • File a formal complaint with the North Dakota Attorney General’s Office by referencing NDCC §44-04-20 (Enforcement and Penalties).
   • Seek judicial review in district court under NDCC §44-04-25.

Hypothetical Example: Jane Doe notices her address is listed incorrectly in a 911 call report. She obtains a certified copy, highlights the wrong house number, attaches her utility bill showing the correct address, and sends a written amendment request citing NDCC §44-04-19. Ten days later, the Records Division issues an amended report reflecting the correct address.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.

Helpful Hints

• Keep detailed records of every communication with the agency.
• Use clear, concise language when describing each error.
• Include multiple forms of evidence—documents, photos, and witness affidavits.
• Follow up if you don’t hear back within two weeks.
• Consider consulting an attorney if the agency refuses to correct serious inaccuracies.