Clearing Your Name of Criminal Charges

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In the unlikely event that an identity thief uses your name, date of birth, Social Security number, or other personal information during an investigation or arrest, the information is added to your state’s criminal database. The information also may be added to a national criminal database.

If you learn who the thief is, ask the criminal records database manager(s) to change the “key name” in the database. That way, the records will show the thief’s name instead of yours. Contact the agency that made the arrest, the court that convicted the identity thief, and your state Attorney General’s office to get documents that will help show your innocence.

How to Clear Your Name

  1. Contact the law enforcement agency that arrested the thief.
    1. File a report about the impersonation.
    2. Give copies of your fingerprints, photograph, and identifying documents.
    3. Ask the law enforcement agency to:
      • compare your information to the imposter’s
      • change all records from your name to the imposter’s name
      • give you a “clearance letter” or “certificate of release” to declare your innocence
  2. Keep the clearance letter or “certificate of release” with you at all times.
  3. Update your files.
    1. Record the dates you made calls or sent letters.
    2. Keep copies of letters in your files.

If a Court Prosecutes the Identity Thief

  1. Contact the court where the arrest or conviction happened.
    1. Ask the district attorney for records to help you clear your name in court records.
    2. Provide proof of your identity.
    3. Ask the court for a “certificate of clearance” that declares you are innocent.
  2. Keep the “certificate of clearance” with you at all times.
  3. Contact your state Attorney General.
    1. Ask if your state has an “identity theft passport” or some kind of special help for identity theft victims.
  4. If you obtain an identity theft passport, keep it with you at all times.
  5. Consider hiring a criminal defense lawyer.
    Your state Bar Association or Legal Services provider can help you find a lawyer.
  6. Contact information brokers.
    Information brokers buy criminal records and create criminal records files to sell to employers and debt collectors.
    1. Ask the law enforcement agency that arrested the thief for the names of information brokers who buy their records.
    2. Write to the brokers and ask them to remove errors from your file.
  7. Update your files.
    1. Record the dates you made calls or sent letters.
    2. Keep copies of letters in your files.

 

Tagged with: criminal, identity theft, Social Security number
July 2012

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