How Can Someone Request an Amendment to a Police Report That Contains Incorrect Details in MI

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article provides general information about Michigan law. It is not legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

Under Michigan’s Freedom of Information Act (FOIA), MCL 15.231 et seq., a police report is a public record. If you find incorrect details in that report, you can request an amendment. Follow these steps:

  1. Identify the Errors: Carefully review the report and note the inaccurate, incomplete, or misleading information.
  2. Gather Supporting Evidence: Collect documents, photos, or witness statements that demonstrate the correct facts.
  3. Draft a Written Request: Write to the agency’s FOIA coordinator or records custodian. Include:
    • Your name and contact information
    • The report date, case or report number
    • Specific items you want amended
    • Evidence that supports each requested change
  4. Submit the Request: Send your letter via certified mail or deliver it in person. Michigan agencies must respond within 5 business days (MCL 15.235) or provide an extension notice.
  5. Agency Response: Under MCL 15.243, the agency must either correct the record or issue a written denial explaining why it refuses. Corrections must be made promptly and a certified copy of the amended record provided to you.
  6. Appeal a Denial: If the agency denies your request or fails to act, you can file an appeal in circuit court under MCL 15.240. The court may order the agency to amend the record and reimburse your costs.

In some cases, you may also contact the police department’s Internal Affairs or the county prosecutor’s office to review serious errors, especially if the incorrect details affect criminal proceedings.

Statutory References

  • MCL 15.231 – Definitions under Michigan FOIA
  • MCL 15.235 – Agency response timeline for FOIA requests
  • MCL 15.243 – Requests to correct inaccurate, incomplete or misleading records
  • MCL 15.240 – Judicial review of FOIA determinations

Helpful Hints

  • Keep detailed records of all correspondence—dates, times, and names of contacts.
  • Use clear, concise language and reference specific report sections.
  • Send requests via certified mail and request a return receipt to document delivery.
  • Follow up promptly if you do not receive a timely response.
  • Consider consulting an attorney if the agency denies your request or if the error affects your legal rights.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.