Detailed Answer
Under Colorado law, if you discover incorrect details in a police report, you can request an amendment through the agency’s records custodian by using procedures outlined in the Colorado Open Records Act (CORA) and agency policies. Follow these steps to ensure your request for amendment to a police report with incorrect details is processed efficiently:
- Obtain a certified copy of the report. Every person has the right to inspect and copy law enforcement records under CORA. Submit a written request to the records division of the arresting or investigating agency. C.R.S. §24-72-203.
- Identify and document inaccuracies. Carefully review the report and note specific errors—such as wrong dates, incorrect spellings, or factual inconsistencies. Gather supporting evidence (e.g., witness affidavits, medical or repair bills, video recordings).
- Submit a formal written amendment request. Address your letter to the agency’s records custodian and include:
- Your name and contact information
- Report number, date, and case identifier
- Clear description of each error and the correct information
- Copies of supporting documents
- Agency review and response. The records custodian must review your request within a reasonable time. If they agree, they will correct the report or attach an addendum clarifying the inaccuracies.
- Attach a statement of disagreement. If the agency denies your amendment request, you can ask them to attach your written statement of disputed facts to the report so anyone reviewing the file sees your position.
- Appeal a denial under CORA. If your request is refused, you may file a court appeal within 45 days under C.R.S. §24-72-204. The district court can order the agency to amend the record. C.R.S. §24-72-204.
- Correct criminal history records with the CBI. If the inaccuracies impact your criminal history record, you can request a correction through the Colorado Bureau of Investigation under C.R.S. §24-72-308, which governs amendment of criminal history information. C.R.S. §24-72-308.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Please consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Keep copies of all requests, responses, and supporting documents.
- Be concise and specific when describing each inaccuracy.
- Send requests via certified mail or another trackable method to confirm receipt.
- Follow up with the records custodian if you do not receive a timely response.
- If you need assistance interpreting CORA or preparing an appeal, consider consulting an attorney experienced in public records law.