FastCounsel

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your situation.

Detailed Answer

In Montana, you have the right to inspect and request corrections to public records, including police reports, under the Montana Public Records Act. Here’s how you can seek an amendment when a police report contains incorrect details:

1. Obtain a Copy of the Report. Under Mont. Code Ann. § 2-6-102, you may request and review the report in full. This ensures you know exactly what needs correction.
2. Identify Specific Errors. Note the exact section, date, time, or statements that you believe are inaccurate. Gather any supporting documents or eyewitness statements that prove the mistake.
3. Submit a Written Amendment Request. Address your request to the records custodian (often the chief of police or records department). Include:
   • A clear statement of the incorrect details.
   • What the correct information should be.
   • Copies of supporting evidence.
4. Follow Agency Procedures. Many Montana law enforcement agencies publish a records policy online. Follow its timeline and format requirements. Keep a copy of your request and proof of delivery (certified mail or receipt).
5. Receive the Agency’s Response. By law, the agency must respond within a reasonable time. They may:
   • Correct the report.
   • Attach an addendum noting your requested corrections and your evidence.
   • Deny your request with an explanation.
6. Appeal a Denial. If the agency denies your request in whole or in part, you may seek judicial review under Mont. Code Ann. § 2-6-110. File a petition in the district court where the agency is located. The court can order the agency to amend or append the report if you demonstrate the information is inaccurate.
7. Consider a Writ of Mandamus. If the agency fails to act on a court order, you may request a writ of mandamus under Mont. Code Ann. § 27-27-103 to compel the official to perform their duty.

Helpful Hints

• Keep all correspondence and documented evidence in a dedicated file.
• Use certified mail or another trackable method to send your requests.
• Note any agency deadlines and follow up promptly if you don’t get a timely response.
• Be clear and concise: state the inaccurate fact and provide precise corrections.
• If you face difficulty, consider consulting an attorney experienced in Montana public records law.