ITRC Solution 06
Clearing Criminal Identity Theft 

The following are general steps you must take to clear your name of an erroneous criminal record. These procedures are likely to vary somewhat from jurisdiction to jurisdiction.

Working with Law Enforcement Agencies:

  1. A full set of your fingerprints
  2. Your photograph
  3. Any photo identification documents such as a driver’s license, passport, or U.S. legal presence documents.

Note: Due to authentication issues, most law enforcement agencies will only accept this information in person, or by submission from another law enforcement agency.

Working with the Court:

You will need to determine the specific law(s) in your state that enable you to clear your name in the court records. A judge or magistrate will be required to make this determination.

From the court you will need to request:


If tickets or driving records are involved the victim should contact the Department/Bureau of Motor Vehicles:


What additional considerations should I be aware of regarding employment?

Follow the steps above then follow up with background check companies individually and with each perspective employer.

Even though you may have cleared up the records with the local, state and federal systems, it is possible for negative information to still pop up on a background report. If this should occur, you must ask the company which background screening company they used. You will then need to show your documentation of clearance to that background screening company in order to clear their records. You probably will also want to provide the clearance documents directly to the employer to help defuse the matter.


This solution sheet should not be used in lieu of legal advice. Any requests to reproduce this material, other than by individual victims for their own use, should be directed to This email address is being protected from spambots. You need JavaScript enabled to view it..