Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
1. Review the Report and Collect Supporting Evidence
Begin by obtaining a certified copy of the police report from the law enforcement agency’s records division. Carefully compare the report’s content against your own records—photos, witness statements, medical records, receipts or any other documentation that shows the inaccurate details.
2. Draft a Written Amendment Request
Prepare a concise, dated, and signed letter addressed to the agency’s records custodian or the internal affairs unit. Your letter should:
- Identify the report by case number, date and names involved.
- Specify the exact entries you believe are incorrect.
- Explain why each entry is inaccurate, attaching copies of your evidence.
- State the exact changes or corrections you request.
3. Submit Your Request and Follow Up
Submit your letter via certified mail, return receipt requested, or hand-deliver it and get a stamped receipt. Under the Mississippi Public Records Act (Miss. Code Ann. § 25-61-5), you have the right to inspect public records and bring any concerns to the records custodian’s attention. Although state law does not explicitly mandate amendment of an active police report, many agencies maintain policies to review and correct factual errors.
4. Appeal or Escalate if Necessary
If the agency declines or does not respond within 30 days, you can:
- File a formal complaint with the agency’s internal affairs or professional standards division.
- Contact the county district attorney’s office to ask for an administrative review of your request.
- Use Mississippi’s Public Records Act appeal process (Miss. Code Ann. § 25-61-17) to petition a chancery court for an order requiring release or correction of records.
5. Explore Civil Remedies
If inaccurate information in a police report causes you harm—such as a wrongful arrest or damage to your reputation—you may have grounds to pursue a civil lawsuit for defamation or violation of your civil rights. Consult a civil rights attorney to discuss potential claims and deadlines.
Helpful Hints
- Keep meticulous copies of all correspondence and receipts.
- Be polite but firm in your requests; maintaining a professional tone helps move the process forward.
- Send your request by certified mail or deliver it in person—proof of delivery is key.
- Note and record any phone or in-person follow-up calls with dates, times and names.
- Review each agency’s published records or correction policy, often found on its official website.
- If you hit a roadblock, consider a free or low-cost initial consultation with a civil rights or criminal defense attorney.