Criminal identity theft cases happen when someone uses your personally identifiable information to escape a criminal record. Because of the complicated nature of remediation, organizing and documenting the steps you are taking to resolve your case can help move the process along more smoothly. Depending on the nature of the crime, it might be wise to contact an attorney. Here are the steps to take if you are clearing your name from criminal identity theft cases.
CONTACT LAW ENFORCEMENT
Contact the police department in the jurisdiction that is reporting the crime. File a police report with the police department in the jurisdiction where the crime occurred or, if you unable to file there, with your local police department stating you are a victim of identity theft. Obtain a copy of your police report and all supporting information for your records and to supply to any other entities where your name needs to be cleared. You may have to pay for each copy of your report.
When clearing your name from criminal identity theft cases, ask for a copy of all arrest records using your information. Get as much detail about the crime as possible so you know what information you will need to provide to help prove your innocence. Next, ask the agency to run your name through local, state and federal law enforcement data banks to check for any outstanding warrants for your arrest or any other convictions of which you were not aware.
Once your innocence has been established, ask for a letter of clearance. Ask if your clearance can be updated in all law enforcement data banks. Ask that the records are updated to exclude your name as the primary name (they will likely have to list your name as an alias). You may need to contact those entities yourself and provide proof to clear your name.
Some states have an identity theft passport program that recognizes you as a victim of identity theft. This program is typically run through the Attorney General’s office in the states that offer this program.
CONTACT THE COURT
To clear arrest records due to identity theft, you must petition the court for a Judicial Finding of Factual Innocence and inquire about a petition to expunge your criminal record. You will likely need to obtain the citation or arrest warrant number, state I.D. and any other documentation you supplied to the police department to prove your innocence. Once you have been found innocent, make sure you keep the documentation proving your innocence in a safe place.
DEPARTMENT/BUREAU OF MOTOR VEHICLES
Your identity thief may have used your state identification or driver’s license and/or the criminal identity theft may stem from a DUI or outstanding traffic violations for which a warrant was issued. If this is the case, you will need to contact the DMV/BMV. See our Action Plan regarding resolving government identity theft for more information.
For assistance in clearing your name from criminal identity theft, contact ITRC for no-cost help. Our expert advisors are available via toll-free call (888.400.5530) or LiveChat.
