Detailed Answer
If you believe a Minnesota police report contains errors, you can request a correction under the Minnesota Government Data Practices Act (MGDPA). Minn. Stat. §13.04, subd. 4 gives you the right to challenge inaccurate or incomplete data held by a law enforcement agency.
Step 1: Identify the Correct Agency or Officer
Locate the law enforcement agency’s records division or public information officer. Most sheriff’s offices and police departments list this contact on their official website or in the city government directory. If you know the responding officer’s name or badge number, include that in your records search.
Step 2: Submit a Written Data Correction Request
Prepare a letter or email citing Minn. Stat. §13.04, subd. 4. Your request must:
- Identify you as the subject of the report or a person with a lawful right to access it.
- Specify the report’s details: incident number, date, location, and officer name.
- Describe each inaccuracy or omission and propose the correct information.
- Include your full name, mailing address, phone number, and email address.
Send your request via certified mail or a tracked email account to create an official record.
Step 3: Agency Response Timeline
By law, the agency must respond within 30 days. Their response will either:
- Correct the data and issue a new version of the report.
- Explain in writing why they denied your request, including legal grounds for refusal.
If the agency needs more time, it must notify you of the expected delay and provide a revised response date.
Step 4: Appeal a Denial
If the agency denies or ignores your request, you can appeal under Minn. Stat. §13.05. You must:
- File a petition with the Office of Administrative Hearings within 60 days of denial.
- Explain why the agency’s decision was incorrect and provide supporting evidence.
Alternatively, you may seek judicial review in Minnesota district court. Consult an attorney to determine your best path.
Helpful Hints
- Keep copies of all correspondence, requests, and proofs of delivery.
- Use clear, concise language and reference specific report sections.
- Request return receipts or certified-mail proof to track deadlines.
- Review agency websites for any local data practices or forms.
- Consider speaking with an attorney if the process becomes contentious or legally complex.
Disclaimer: This article provides general information and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.