Detailed Answer
In North Dakota, you can ask a law enforcement agency to correct or update a police report when it contains inaccurate or incomplete information. While state law does not lay out a detailed step-by-step amendment process, several provisions guide how agencies handle and maintain these records:
- Duty to record: Under NDCC 29-16-01, officers must create a written report for most arrests and incidents (NDCC 29-16-01).
- Public records law: The North Dakota Open Records Act (NDCC 44-04) governs access and corrections to public records, including police reports (NDCC 44-04).
To support your request, gather documentation showing the report’s errors or gaps. Commonly accepted evidence includes:
- Body-cam and dash-cam video: Footage often provides an objective timeline and context.
- 911 call recordings: Time-stamped audio can confirm when events occurred and what was said.
- Witness statements or affidavits: Signed, dated accounts from people at the scene bolster credibility.
- Medical or forensic records: Hospital records, injury photos or lab reports can verify injuries or conditions noted in the report.
- Photographs or video from bystanders: Images taken on personal devices may highlight discrepancies.
- Location data or GPS logs: Phone or in-vehicle navigation logs can confirm positions and movements.
When you submit your amendment request, include a cover letter, a clear summary of each alleged error, and copies of your supporting evidence. Address the request to the agency’s public records custodian or internal affairs division. Ask for a written response by a specific date (for example, within 30 days).
If the agency denies your request or fails to respond, you may file a petition in district court seeking an order to amend the record. You must attach your original request and a description of your follow-up attempts. Courts will weigh the evidence you provided against the agency’s rationale for denial.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Helpful Hints
- Organize your evidence chronologically. Label each item to match specific report sections.
- Request certified copies of 911 recordings or internal videos to ensure authenticity.
- Keep all correspondence in writing: emails or certified mail provide proof of your submission date.
- Review NDCC 44-04’s response timelines so you know when to expect an answer.
- If you need assistance, consider a free legal clinic or public defender’s office for procedural guidance.