Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
If you discover incorrect details in a Maine police report, you can request an amendment under Maine’s Freedom of Access Act (FOAA). Follow these steps:
1. Obtain a Copy of the Report
First, request and review the full police report to identify the precise errors. Under 1 M.R.S. § 408, a public agency must respond to your records request within 10 business days. 1 M.R.S. § 408
2. Draft a Written Amendment Request
Send a letter or email to the department’s records custodian. Include:
- Your name, address, and contact info
- Report number and date
- A clear description of the incorrect detail(s)
- The correct information you propose
- Copies of any supporting documents (e.g., photos, witness statements)
3. Submit to the Records Custodian
Mail or email your request to the law enforcement agency’s public records office. Keep proof of delivery or an email receipt.
4. Agency Response Timeline
The agency generally must acknowledge receipt and either correct the record or explain why it will not. If the agency does not respond or denies your request, you have further rights.
5. Internal Review or Appeal
If the agency denies your amendment request, ask for a written explanation. You can then appeal internally by writing to the agency head or using any internal review process the department offers.
6. Judicial Review
If internal appeals fail, file a petition in Maine Superior Court under the FOAA. The court can order the agency to amend the report if it finds the record is inaccurate. See 1 M.R.S. § 409.
7. Consider Legal Counsel
If the error remains, you may have grounds for a civil action—such as defamation or negligence—if the inaccurate report causes you harm. Consult an attorney to discuss your options.
Helpful Hints
- Be specific: Pinpoint the exact line or paragraph containing the error.
- Gather evidence: Attach all supporting documentation to strengthen your request.
- Follow up in writing: Keep a paper trail of all communications.
- Check agency policy: Some departments post their own correction procedures online.
- Note deadlines: Maine courts may impose time limits on FOAA appeals.
- Stay professional: Clear, polite requests improve cooperation.