Detailed Answer
Under Texas law, you can request that a law enforcement agency amend or correct a police report by submitting a written request to the agency’s records division or internal affairs office. While Texas statutes don’t set a single statewide form for correcting police reports, many agencies follow the Texas Department of Public Safety’s guidelines for Criminal History Record Information corrections (37 Tex. Admin. Code §28.61). To build a strong request, include clear, convincing documentation that demonstrates an error or omission in the original report:
- Court Documents: Include certified copies of final judgments, orders of dismissal or acquittal, or expunction orders (Tex. Code Crim. Proc. art. 55.01: https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm#55.01).
- Affidavits: Provide sworn statements from eyewitnesses or participants who attest to incorrect facts or missing details in the report.
- Photographs and Video: Attach relevant images or footage (e.g., dashcam, security camera, or smartphone video) that contradict or clarify the narrative in the report.
- Medical Records: Submit hospital or doctor reports if the report misstates injuries, medical diagnoses or treatment dates.
- Expert Reports: Include accident reconstruction analyses, ballistic tests, or other expert opinions that reveal inaccuracies.
- Supporting Correspondence: Add emails, letters or official communications that reference facts omitted or misstated in the initial report.
After gathering your evidence, send your request in writing—some agencies allow online submissions, while others require certified mail or in-person delivery. Agencies typically review requests within 30 days. If your request is denied, you can file an open records request under the Texas Public Information Act (Tex. Gov’t Code Chapter 552: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm) or pursue judicial review.
Helpful Hints
- Keep copies of every document you submit and send requests via certified mail with return receipt.
- Clearly reference the report’s incident or case number and date.
- Describe each inaccuracy precisely—quote the report and then explain why it’s incorrect.
- Follow up in writing if you don’t receive a timely response from the agency.
- If the agency refuses to amend despite strong evidence, consult an attorney who handles corrections or record-expunction matters.
- Be aware that some agencies may append your documentation to the report rather than rewrite the original narrative.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.