Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Minnesota’s Government Data Practices Act (Minn. Stat. § 13.04, subd. 3), police reports are public government data. Any person named or described in the report has the right to request corrections to inaccurate or incomplete information free of charge. Here’s how to request an amendment:
- Identify the Inaccuracies: Review the police report and note specific errors, such as incorrect dates, names or descriptions.
- Draft a Written Request: Address your request to the law enforcement agency’s data practices or records division. Include your full name, report number, contact information and a clear description of each inaccuracy. Cite Minn. Stat. § 13.04, subd. 3 (revisor.mn.gov/statutes/cite/13.04).
- Provide Supporting Evidence: Attach documents that prove the correct information, such as medical records, witness statements or identification documents.
- Submit the Request: Send your request by certified mail or other trackable method. Keep copies of all correspondence.
- Agency Review: The agency must acknowledge your request and respond within a reasonable time. If they agree, they will amend the report or include a statement of disagreement.
- Appeal if Denied: If the agency denies your request, you may file a formal appeal under Minn. Stat. § 13.05 (revisor.mn.gov/statutes/cite/13.05). Submit your appeal to the Minnesota Commissioner of Administration within 60 days of the denial.
Helpful Hints
- Keep detailed records of all communications and copies of documents you submit.
- Be clear and concise when describing each error.
- Use certified mail or email with delivery receipts for proof of submission.
- Follow up in writing if you don’t receive a timely response.
- If you need assistance, consider contacting a legal aid organization.