Understanding the Process to Correct a Law Enforcement Report in North Dakota

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.

Detailed Answer

In North Dakota, if you believe a law enforcement report contains inaccurate or incomplete information, you may request a correction or amendment of that public record. While North Dakota’s Public Records Act does not explicitly set out a single “correction” procedure for police reports, it does provide an avenue to seek amendments where records about an individual are misleading or incorrect.

1. Identify the Correct Agency or Officer
   Determine which law enforcement agency wrote the report—whether it’s a city police department, county sheriff’s office, or the North Dakota Highway Patrol. Locate the records division or public information officer contact details on the agency’s official website.
2. Gather Supporting Documentation
   Collect any evidence that shows the information is inaccurate or incomplete. This may include video recordings, witness statements, medical records or other documents that directly contradict the report.
3. Submit a Written Request
   Draft a clear, concise letter or email addressed to the agency’s records division or public information officer. In your request:
   • Reference the report by case number, date, and officer name.
   • Specify each inaccuracy and attach supporting evidence.
   • State that you are requesting an amendment under North Dakota’s Public Records Act, see NDCC § 44-04-18.
4. Follow Up
   The agency should acknowledge your request within a reasonable time. If they agree, they will issue a corrected version of the report or annotate the original with your amendments.
5. Appeal a Denial
   If the agency denies your request or fails to respond, you may file an appeal. Under NDCC § 44-04-23, you can:
   • Request a written explanation of the denial.
   • File a petition in district court within 60 days of the denial.

Helpful Hints

• Always keep copies of your correspondence and evidence.
• Be polite but firm—courtesy can encourage cooperation.
• Use certified mail or email with delivery/read receipts to track your request.
• If you’re unsure how to frame your request, review sample records requests available on many agency websites.
• Consult an attorney if the agency refuses to correct significant errors that could affect your rights.