Criminal Identity Theft

Criminal identity theft is when an imposter uses your identity as their own when they are detained by the police, arrested, or even for a traffic ticket. The criminal could present your name, birthdate, social security number, or even a fake ID to the police upon their arrest.

Often, the imposter will present a fake ID to the police in the name of the victim. Depending on the crime or violation, the criminal will either pay a fine or serve brief jail time, then be released. It is likely he or she will have to appear in court at a later time, but will never appear because they used YOUR identity.

With criminal identity theft, there are two scenarios which will unfold if a criminal uses your identity when they are arrested. First they may get convicted and serve time in jail, but use your identity during the whole process. In this case all the records of criminal activity are in your name. The second, and more likely case would be if the criminal used your identity upon initial arrest and was subsequently released pending a later court date. When the criminal does not appear in court, a warrant for their arrest will be issued, IN YOUR NAME. Lets say you are pulled over for speeding a few months later. The officer will pull your records and not only see the criminal record, but the warrant too. You'll be placed in jail and good luck persuading law enforcement that you are a victim of ID theft...im sure they've heard that before and won't give you the time of day.

In some cases the victim of criminal identity theft may not realize the theft until they are denied employment after a new employer checks their criminal background. Not only does the victim have to clean up the mess of identity theft, but they were refused from a job. Its hard to get any job without a criminal background check.

If you are a victim of this form of identity theft, you may be without an income for awhile until the situation is resolved.

Here are some things you should do if you are a victim of criminal identity theft...

1. Contact the police department that arrested the imposter

Notify the department that originally apprehended the imposter and tell them you are a victim of identity theft. If a warrant was issued against you, notify the court that issued the warrant.

2. File an impersonation report

The police department will first need to confirm your identity. They will likely look over all your personal identification information for confirmation. Also, they will probably record your fingerprints to assist in confirming your identity.

Once they have confirmed your identity, have them cross-check your information, photographs, and fingerprints with those of the criminal. Taking this step will confirm your innocence, but the difficult part will be clearing your name and record of the charges.

Have the law enforcement agency release all warrants issued in your name and give you a "clearance letter," or certificate of release. Request that they change all records from your name to the name of the criminal who committed the crime.

3. Make sure there is a follow-up investigation on the real criminal to clear your name

Once you file an impersonation report make sure the police department and court undergo a further investigation in order to prosecute the real criminal and more importantly clear your name.

4. Seek legal advice

Criminal identity theft can be complicated and when you are trying to navigate through law enforcement, the legal system, clearing your name, and the courts, you will need legal advice. If you need legal assistance at an affordable rate, please contact us and we will get you access to legal service anywhere in the country.

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