Detailed Answer
Under Texas law, you do not have an explicit statutory right to amend a police report. However, agencies must maintain accurate public records under the Texas Public Information Act. You can ask the law enforcement agency that created the report to correct any factual errors. Follow these steps:
1. Obtain a Complete Copy
Submit a Public Information Act request under Texas Gov’t Code § 552.321 (Gov’t Code § 552.321) to the record custodian. Review the report for incorrect details.
2. Draft a Written Amendment Request
Write a clear letter or email. Identify the report by case number, date, and officer. List each incorrect detail and explain why it is inaccurate. Attach supporting documents, such as photos, medical records, or witness statements.
3. Submit to the Record Custodian
Send your request by certified mail or deliver it in person to the agency’s public information office. Ask for a written receipt and keep copies of all materials.
4. Follow Up on Denials
If the agency refuses to amend the report, you can:
- File a complaint with the agency’s Internal Affairs or Professional Standards Division.
- Report misconduct to the Texas Commission on Law Enforcement (TCOLE): tcole.texas.gov.
- Consult an attorney to discuss civil remedies, including defamation claims or injunctive relief.
Applicable Texas Law
Texas Gov’t Code § 552.321 requires agencies to promptly produce public information. It does not mandate amendments but provides a mechanism to access and review reports. Many agencies publish internal policies or municipal codes that set procedures for record corrections. Review your local department’s policy or city code to identify those procedures.
Helpful Hints
- Maintain detailed logs of all communications and submission dates.
- Use clear, factual language; avoid emotional appeals.
- Gather objective evidence—photos, videos, medical or third-party affidavits.
- Request a written response and keep certified mail receipts.
- Seek legal advice early if the process stalls or you face repeated denials.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.