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

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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

Answers:

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

Answered 10 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:  http://ag.ca.gov/idtheft/index.htm .

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. 


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