What legal steps do I need to take to have an identity theft situation taken care of?

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What legal steps do I need to take to have an identity theft situation taken care of?

Approximately 11 years ago a woman who was living with my ex-husband was arrested and booked into county jail for drug possession. She gave my name and birthday at the time of the arrest; she was taken into custody and fingerprinted under my name. about 4 days later the sheriffs realized that she had not given her real name. After learning what had happened I contacted the jail and was told not to worry that things had been handled. Now when having background checks done for jobs, etc. her background shows as mine. It has caused problems for me ever since then. I need help clearing this off my record.

Asked on July 12, 2011 under Criminal Law, Texas

Answers:

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

Answered 10 years ago | Contributor

The following are procedures available if your name and/or other identifying information has been falsely given by a person who was arrested:

The TX Code of Criminal Procedure, Chapter 55 contains provisions for a person to "expunge"  (i.e. clear)their identifying information falsely presented by an arrested person as their identifying information. You should contact the district attorney in the county in which you reside and file an application for expunction.

Additionally, Government Code § 411.0421 allows a person to file a declaration with the sheriff of the county in which they live stating their identity was used by another to frustrate proper law enforcement. Upon receipt of a declaration from the sheriff, the DPS (i.e. Department of Public Safety) will create a record of the misused identity along with a unique password to be used by the person to verify their identity to law enforcement.

For more information concerning this procedure, this site may be of help: http://www.idvictim.org/documents/399891Criminal%20ID%20Theft.pdf


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