§ 635.12. Amendment of records.
184 words·~1 min read·
/us/cfr/t32/s§ 635.12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Policy. An amendment of records is appropriate when such records are established as being inaccurate, irrelevant, untimely, or incomplete. Amendment procedures are not intended to permit challenging an event that actually occurred. Requests to amend reports will be granted only if the individual submits new, relevant and material facts that are determined to warrant their inclusion in or revision of the police report. The burden of proof is on the individual to substantiate the request. Requests to delete a person's name from the title block will be granted only if it is determined that there is not probable cause to believe that the individual committed the offense for which he or she is listed as a subject. It is emphasized that the decision to list a person's name in the title block of a police report is an investigative determination that is independent of whether or not subsequent judicial, non-judicial or administrative action is taken against the individual.
(b)In compliance with DoD policy, an individual will still remain entered in the Defense Clearance Investigations Index
(DCII)to track all reports of investigation.