Disclaimer: This information is for educational purposes only and is not legal advice.
Detailed Answer
Under Montana’s public records law (Montana Code Annotated (MCA) 2-6-100 et seq.), individuals may request to correct factual errors in records held by state and local agencies. Police reports qualify as public records. To seek an amendment:
- Identify the Error: Clearly describe the incorrect detail in the report (e.g., wrong time, misidentified vehicle).
- Gather Documentation: Collect evidence that shows the information is inaccurate (e.g., video footage, witness statements).
- Submit a Written Request: Send a written request to the law enforcement agency’s records custodian, citing MCA 2-6-112. Include:
- Your contact information
- Description of the error and date of the report
- Supporting evidence attached
- Reference: MCA 2-6-112
- Follow Up: Confirm receipt via certified mail or email. Ask for an estimated response date.
- If Denied: The agency must respond in writing. If it refuses the correction, you can appeal to the district court under MCA 2-6-117 within 30 days of the denial.
Act promptly and keep copies of all correspondence. Agencies often resolve straightforward corrections administratively.
Helpful Hints
- Be concise and factual in your request.
- Use certified mail or email with read receipts.
- Keep organized records of your communications and evidence.
- Consider meeting with the records custodian for clarification.
- Consult an attorney if the agency denies your request or if the error affects your legal rights.