Detailed Answer
In New Mexico, law enforcement agencies maintain reports through their records divisions. If you find factual errors in an incident or accident report—such as incorrect dates, times, or descriptions—you can request corrections through a mix of informal and formal steps.
- Identify Your Report: Obtain the case number, date of the incident, officer badge number (if available) and agency name. Precise information helps records staff locate your file quickly.
- Informal Contact: Call the agency’s non-emergency line or visit the public records office. Ask for the records custodian or the officer who prepared the report. Explain each error and provide any supporting documents (e.g., photos, witness statements).
- Formal Written Request: If informal outreach fails, submit a written correction request to the records custodian. Include:
- Report title and case number
- Clear description of the incorrect information
- Copies of evidence supporting your corrections
- Your contact details
Send via certified mail or, if the agency allows, by email so you have proof of delivery.
- IPRA Request: Under the Inspection of Public Records Act (IPRA), NMSA 1978, §§ 14-2-1 et seq., you may request access to and correction of public records. The agency must respond within 10 business days. For full text, see NMSA 1978, Chapter 14, Article 2.
- Administrative Appeal: If the agency denies your correction request or fails to respond, you may file an appeal under NMSA 1978, § 14-2-12. File in the district court where the agency is located and include a copy of your original request and denial.
- Internal Affairs Complaint: If you believe an officer acted improperly or willfully misreported facts, you may file a misconduct complaint with the agency’s internal affairs or civilian oversight board.
- Consult an Attorney: If errors in the report affect your rights—such as in traffic citations or criminal matters—consider seeking guidance from an attorney licensed in New Mexico.
Helpful Hints
- Keep records of all communications, including dates and times.
- Use certified mail or read receipts for formal requests to prove delivery.
- Refer to the agency’s public records policy on its official website for specific procedures.
- Provide concise, factual explanations of each correction you request.
- Meet all statutory deadlines under IPRA to preserve your rights.
- Request written acknowledgment of receipt for every submission.
- Maintain a respectful, professional tone in all interactions with law enforcement personnel.