Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In New Mexico, police reports are public records maintained by law enforcement agencies. If you discover incorrect details—such as mistaken identity, wrong dates, or false statements—you can request that the department review and amend the record or attach a correction. While New Mexico law does not specify a formal amendment procedure for police reports, you can leverage the Inspection of Public Records Act (IPRA) and department policies to seek corrections.
1. Obtain a Certified Copy of the Report
Under the New Mexico Inspection of Public Records Act (NMSA 1978, Sections 14-2-1 to 14-2-12; see NMSA 1978, Chapter 14), you may request and receive a certified copy of the report. Having an official copy helps you identify inaccuracies and supports your request.
2. Identify Specific Errors and Gather Evidence
Review the report thoroughly. Note each error: incorrect names, dates, locations, or narrative details. Collect supporting documentation—medical records, witness affidavits, photographs, or vehicle logs—that prove the information is incorrect.
3. Draft a Formal Amendment Request
Address your letter to the Records Division or Custodian of Records at the law enforcement agency that issued the report. Include:
- Report number, date, and officer name.
- Clear description of each incorrect detail.
- Proposed correction and supporting evidence.
- Your contact information and signature.
Send the request by certified mail or hand-deliver it and request a stamped receipt.
4. Agency Review Period and Follow-Up
Although IPRA requires a records custodian to respond to access requests within three business days, most agencies handle amendment requests under internal policies. Expect a response within 30 days. If you don’t hear back, follow up in writing and keep copies of all correspondence.
5. Escalate if Necessary
If the agency denies your request or fails to respond:
- File an internal complaint with the department’s Internal Affairs or Professional Standards Division.
- Contact any local Civilian Police Oversight Board or the New Mexico Law Enforcement Division (NMLE) for guidance or mediation.
- Consider petitioning a New Mexico district court for injunctive relief, asking the court to order the agency to correct or annotate the record. Consult NMSA 1978, Section 38-3-1 et seq. (writs of mandamus).
6. Add Your Own Statement
Even if the agency declines an amendment, you can attach a sworn affidavit or written statement of discrepancies to your copy of the report. This ensures your version of events stays on record.
Helpful Hints
- Keep all requests and supporting documents in writing; avoid verbal agreements.
- Use certified mail with return receipt to track delivery.
- Refer directly to IPRA (NMSA 1978, Section 14-2-1 et seq.) for public records access rights.
- Note any internal agency deadlines in their policies or procedure manuals.
- If you face significant pushback, seek a free or low-cost consultation with a qualified attorney.
- Stay professional and factual; emotional language may hinder your request.