How can I get my record cleared if someone used my name/identity when they were arrested?

UPDATED: Jan 8, 2011

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How can I get my record cleared if someone used my name/identity when they were arrested?

Asked on January 8, 2011 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This situation happens more than you might think.  As a result virtually all states have expedited procedures in place that allow victims of identity theft to clear their criminal records.  And CA is no exception; the state Department of Justice has a step-by-step explanation of just how to go about doing this.  Here is a link to the applicable web-page: .

While you do not need an attorney to do this for you, you may just want to consult with one anyway.  You want to be sure to go about clearing your record correctly.  Employers, licensing agencies, and the like do background checks all of the time.  You don't want to lose out on a job or be denied a license (even just temproarily) just because some paperwork wasn't filled out properly. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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