Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Maryland law, you may ask a law enforcement agency to correct or amend a police report when you believe it contains inaccurate, incomplete, or misleading information. Although there is no specific statute titled “police‐report amendment,” you can use Maryland’s Public Information Act (PIA) to request both inspection and correction of records. See Md. Code, State Government § 10-611 et seq. (https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=sgs§ion=10-611) and § 10-613 (https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=sgs§ion=10-613).
To support your request, you must supply evidence showing the report is incorrect or incomplete. Courts and agencies consider whether the record is “inaccurate, irrelevant, untimely, or incomplete.” Md. Code, State Government § 10-613(a). If the agency refuses to grant your request, you may appeal to the Maryland Office of the Attorney General under COMAR 12.18.01.04 (https://www.dsd.state.md.us/comar/getfile.aspx?file=12.18.01.04.htm).
Common types of evidence and documentation include:
- Eyewitness statements or sworn affidavits contradicting entries in the report.
- Photos or video footage (surveillance, dashboard–camera, cellphone video) showing the event as it occurred.
- Audio recordings (911 calls, dispatch logs, body‐worn camera audio).
- Medical or hospital records documenting injuries inconsistent with the narrative.
- Forensic or laboratory results that dispute reported facts (e.g., toxicology reports).
- Written communications (emails, text messages, letters) that shed light on the incident.
- Official logs (traffic camera timestamps, building entry records).
Steps to follow:
- Identify the exact errors to correct (dates, names, events).
- Gather supporting documents—ensure originals or certified copies.
- Submit a written PIA request to the agency’s custodian, citing Md. Code, State Government § 10-613.
- Include a clear summary of the errors and attach your evidence.
- If the agency denies the request in whole or part, file an appeal with the Attorney General within 30 days. See COMAR 12.18.01.04.
Helpful Hints
- Keep copies of every document you send or receive; track all communications.
- Request certified copies of any police report you challenge.
- Maintain a timeline of events to highlight discrepancies.
- Consider obtaining notarized affidavits from eyewitnesses.
- Ask the custodian for guidance on submission formats and deadlines.
- Be concise and factual—focus on clear inaccuracies.
- Consult an attorney if the agency refuses to correct material errors.