Criminal Identity Theft

How it happens

• •The imposter provides your name (or a close variation) when stopped or arrested.
• •Sometimes the imposter has a fake ID with your information.
• •The arrest is processed under your name. If the imposter fails to appear in court, a bench warrant is issued — in your name.
• •A background-check company later pulls the warrant or conviction and reports it against you.

Signs you may be a victim

• •You are denied a job after a background check.
• •You are stopped by police and told there's a warrant for your arrest.
• •You receive a court summons or notice of hearing for a case you know nothing about.
• •Your driver's license is suspended for a traffic offense you didn't commit.

Immediate steps

1. 1.Get a copy of the arrest record or case file from the court or law-enforcement agency. You may need to FOIA it or hire a local attorney to obtain it.
2. 2.File a police report in your jurisdiction documenting the identity theft.
3. 3.File an FTC Identity Theft Report at IdentityTheft.gov.
4. 4.Contact the court where the case is pending. Ask for the procedure to challenge a case filed under a stolen identity. You may need to appear at a hearing with your own ID, fingerprints, and police report.
5. 5.Request expungement or correction of the record once the court acknowledges the fraud.
6. 6.Dispute with background-check companies — they are consumer reporting agencies under the FCRA. Once the court corrects the record, send the background-check company proof and demand they update their files.

Ask for an Identity Theft Passport

Some states issue an "Identity Theft Passport" — a document you can carry to present to law enforcement showing that you have been the victim of criminal identity theft. This can prevent wrongful arrest if you're stopped and the fraudulent warrant is still in the system. Check with your state attorney general's office.