Disclaimer: This is not legal advice. This information is for general educational purposes only. Consult an attorney for guidance on your specific situation.
Detailed Answer
Under Texas law, no statewide statute explicitly mandates that law enforcement agencies correct errors in incident or offense reports. Instead, agencies rely on internal record-management policies. You can still request an amendment by following these general steps:
- Identify the Records Custodian. Determine which agency prepared the report (for example, a city police department, county sheriff’s office, or the Texas Department of Public Safety). Visit the agency’s official website or call its non-emergency line to find the Records Division or Public Information Office contact.
- Obtain a Copy of the Report. Before requesting changes, secure a certified or uncertified copy of the report under the Texas Public Information Act (Tex. Gov’t Code Chapter 552: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm). This ensures you reference the correct report number and details.
- Draft a Written Request. Write a clear letter or email that includes:
- The report number, date, and names involved.
- A concise description of each inaccuracy.
- The exact correction you seek.
- A copy of your government-issued photo ID to verify your identity.
- Attach Supporting Documentation. Provide evidence that validates the requested changes—such as medical records, photos, receipts, or sworn affidavits. Agencies often require proof before they amend official records.
- Submit the Request per Agency Procedure. Many departments accept online submissions, email, or certified mail. Check the agency’s Records Division webpage for its preferred method and any required forms.
- Allow Time for Review. Agencies typically acknowledge receipt within 10–30 days. They may:
- Approve your amendment and issue an updated report.
- Partially approve changes or deny your request, citing insufficient evidence.
- Follow Up or Appeal. If the agency denies your request or fails to respond, you can file an Open Records Request appeal with the Texas Attorney General’s Office, Open Records Division: https://www.texasattorneygeneral.gov/open-government/members-public. Although this process focuses on access rather than correction, the OAG can compel the agency to explain its denial under Tex. Gov’t Code §552.321.
Helpful Hints
- Be polite and concise in all communications.
- Keep copies of every submission (letters, emails, receipts).
- Use certified mail or delivery tracking for important documents.
- Act promptly—some agencies archive closed reports after a set period.
- If corrections could affect a criminal or civil case, consult an attorney to understand potential legal consequences.