Disclaimer: This article does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney.
Detailed Answer
Under Missouri’s Sunshine Law (Chapter 610 RSMo), you have the right to review and request corrections to public records, including incident or accident reports. Although the law does not explicitly grant a formal “right to amend,” most Missouri law enforcement agencies maintain a records division that processes correction requests. Below is the general process:
1. Identify the Report and Errors
Obtain a copy of the report from the agency’s Records Division or online portal. Note specific inaccuracies such as dates, names, or descriptions. Gather supporting documents like photographs, witness statements, or medical records.
2. Draft a Written Request
Submit a written correction request. Include:
- Your full name, contact information, and date of birth.
- The report number, date of incident, and officer’s name if known.
- A clear description of each error and the accurate information.
- Copies of supporting evidence.
3. Submit to the Appropriate Division
Send your request by certified mail or deliver it in person to the agency’s Records Division. Retain proof of delivery for your records.
4. Agency Response Timeline
Under RSMo § 610.023, the agency must acknowledge your request within three business days and provide access to records (610.023 RSMo). While the statute does not set a firm deadline for amendments, agencies typically respond within 10–30 days.
5. Follow Up or Escalate
If the agency denies or ignores your request, you have two main options:
- Contact the Missouri Attorney General’s Public Access Counselor at https://ago.mo.gov/css/public-access.
- File a petition in your county circuit court under RSMo § 610.028 to compel compliance (610.028 RSMo).
Helpful Hints
- Keep all correspondence in writing and maintain a paper trail.
- Be concise and fact-based when describing errors.
- Review the law enforcement agency’s website for specific forms or instructions.
- Use certified mail or email delivery receipts for proof of submission.
- Consult an attorney if the agency disputes your correction request.