Detailed Answer
Under New Mexico law, individuals may request access and seek corrections to police reports as public records under the Inspection of Public Records Act (IPRA). Law enforcement agencies must maintain records at their headquarters per NMSA 1978, §29-29-1 (link). While no statute expressly grants a right to rewrite a police narrative, IPRA provides a process to review records and attach supplemental statements.
Understanding Your Rights Under IPRA
The IPRA (NMSA 1978, §§14-2-1 to 14-2-12) lets you:
- Inspect or obtain a copy of a police report (see §14-2-6: link).
- Request that the agency attach your correction or explanation.
- Appeal a denial by requesting a review from the Inspection of Public Records Adviser (§14-2-11: link).
- File a district court petition if the agency refuses to comply (§14-2-12: link).
Types of Evidence and Documentation
To support your request, gather clear, verifiable materials that demonstrate errors or omissions. Common types include:
- Eyewitness statements with contact information.
- Photos or video (dash cam, surveillance, smartphone).
- Audio recordings (911 calls, body-worn camera clips).
- Medical records showing injuries or treatment times.
- GPS or cellular location records.
- Receipts, credit card or ATM statements (for alibis).
- Expert reports (accident reconstruction, forensic analysis).
- Correspondence or emails between parties.
- Official documents (court orders, affidavits, property damage estimates).
How to Submit Your Request
- Identify the records custodian at the relevant law enforcement agency.
- Write a concise request referencing IPRA §14-2-6 and the report date or case number.
- Attach copies (never send originals) of your evidence in logical order.
- Mail by certified or registered mail and retain proof of delivery.
- Ask for a written response within ten business days.
Appeals and Next Steps
If the agency denies your request or refuses to attach your documentation, you may:
- Request an advisory review from the Inspection of Public Records Adviser under §14-2-11.
- File a petition in district court to compel compliance under §14-2-12.
- Consider hiring an attorney experienced in public records law for representation.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney before taking action.
Helpful Hints
- Keep detailed records of every communication with the agency.
- Label exhibits and reference them clearly in your request letter.
- Stick to the facts: avoid emotional or argumentative language.
- Meet all statutory deadlines to preserve your appeal rights.
- Use certified mail to establish a record of delivery.
- Follow up promptly if you receive no response.
- Obtain an attorney review if the agency continues to deny your request.