Detailed Answer
Under Maine law, you may request an amendment to a police report when you identify factual inaccuracies that affect the record’s integrity. The Maine Freedom of Access Act (FOAA) provides a formal process for requesting corrections to public records, including police reports. Specifically, 1 M.R.S. § 408-B outlines your right to request a correction or amendment of a record you believe is incomplete or incorrect. You can review the statute here: 1 M.R.S. § 408-B.
When you submit your request, law enforcement agencies will consider the following types of evidence and documentation:
- Witness statements: Sworn affidavits or notarized declarations from witnesses or involved parties that accurately describe the events in question.
- Audio and video recordings: Body-worn camera footage, dashcam videos, 911 call recordings, or surveillance camera clips that clearly support the factual change you seek.
- Photographs: Digital or printed photos that document injuries, property damage, scene conditions, or other relevant details.
- Medical records: Emergency room reports, physician’s notes, diagnostic images, or hospital discharge summaries verifying injuries or treatments detailed in the report.
- Official documents: Court records, property records, contracts, or other government documents that corroborate or contradict information in the police report.
- Expert reports: Forensic analyses (e.g., accident reconstruction, ballistics reports) prepared by qualified professionals that validate your proposed amendments.
- Communications logs: Text messages, emails, or call logs that establish timelines or communications relevant to the incident.
When drafting your amendment request, be clear and concise. Identify each specific inaccuracy, state the factual correction, and attach the supporting evidence. Submit your request in writing to the records custodian at the law enforcement agency that filed the report. Under 1 M.R.S. § 408-B, the agency must respond within 10 business days, either granting the amendment, denying the request with written reasons, or requesting an extension.
Helpful Hints
- Gather all evidence before submitting your request to avoid delays.
- Label and organize exhibits clearly, referencing each in your written request.
- Keep copies of everything you submit and note the date of filing.
- If your request is denied, you may appeal the decision to the Office of the Attorney General under 1 M.R.S. § 409.
- Consider consulting an attorney if the agency denies your request or if the amendment is critical to pending legal proceedings.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.