I am a victim of criminal identity theft, how do I clear my name?
I am a victim of criminal identity theft, how do I clear my name? Please note not all criminal cases are the same. However, below are some basic steps you should take.
1. Contact the arresting or citing law enforcement agency. Explain that this is a case of misidentification and that someone is using your identity. Insist you are a victim.
2. File an impersonation/identity theft police report. Have a full set of fingerprints taken, as well as your picture taken and a copy of a photo ID. Request that the arresting or citing law enforcement agency compare your information to what is on record to establish innocence.
• Get a letter of clearance from the law enforcement agency once they establish your innocence. In most jurisdictions this is called a Factual Finding of Innocence.
• Request that law enforcement files with the DA’s office and/or court of jurisdiction a follow-up investigation report establishing your innocence.
3. Determine the specific law(s) in your state to enable you to clear your name (CA=Penal Code Section 851.8)
• A declaration should say that you are factually innocent of charges based upon submitted investigations, affidavits, etc. This should change the arrest warrant to the impostor’s name or John Doe.
• Your name will then be known as an alias of the imposter. Get the court to provide written verification for you to carry incase you get arrested falsely.
4. What if the crime happened in another state or county?
• Go to your own jurisdiction and request they take an impersonation report/identity theft police report. Get a copy of this report and ask them to take the report under the appropriate Penal Code section for either identity theft or false impersonation.
• Once you have your documentation (fingerprints, pictures, etc) have law enforcement mail these to the police department in the jurisdiction where the crime was originated. Include any info you may have on the imposter.
• Establish direct communication with the assigned detective or investigator. Ask what additional steps you need to go through to obtain a letter of clearance from their agency. You may be required to sign an affidavit or appear in court if the impostor is arrested.
• Ask your local law enforcement agency if they can track down any other outstanding warrants, arrests, etc that you don’t know about.
9. Additional steps:
• Contact all information brokers that may have obtained your criminal records to send them copies of your letters of clearance so they can clear your record.
• Contact all courts and/or law enforcement agencies that are involved to send them copies of your letters of clearance so they can clear your record. Ask who they sell their criminal records to. Contact those companies and send them copies of your clearance papers as well.
• If you need to, hire an attorney to help.
10. If you are having trouble obtaining employment because of this fraudulent criminal record. Request a Criminal Record Clearance Search through your state Department of Justice criminal records unit.
• There may be a fee
• They will search their criminal records for matches to your fingerprints.
• When no records show up, they will give you a letter of clearance.
Additional Information
Should you contact the DMV?
• Find out if your DL has been compromised in your state or another state.
• Order a copy of your DL record for your own review to detect possible discrepancies.
• Ask if your license can be “flagged” for possible fraud.
What if Law enforcement finds the victim innocent but doesn’t know the name of the imposter?
• Request “key name” or primary name be switched from victim’s name to “John/Jane Doe” with victim’s name as an alias
What if police don’t believe that an imposter committed the crime?
• Ask police to compare the arrest information (physical description, fingerprints, mug shots etc).
• You may need to establish an alibi. Check Date book, employment records, receipts that are time stamped find somebody who was with you.
• If all else fails, hire a defense attorney.
What if there are no fingerprints, mug shots, etc. of the thief?
• Get a handwriting comparison for citations
• Get a vehicle records check to prove you don’t own a particular vehicle that may have been part of the citation
• Ask the officer that issued the citation to look at a photo line up.
Related Links:
Fact Sheet 110 Criminal Identity Theft
