If my sister was caught stealing and used my name, what can I do to clear my record?

UPDATED: Mar 5, 2012

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If my sister was caught stealing and used my name, what can I do to clear my record?

My sister stole my identity 4 years ago and since she didn’t have an ID on her she gave my name; she was already on probation for something else. She was cited and went to court. In court she had a lawyer represent her to change the name on the case; she was told that my name would be cleared. Now, 4 years later, I found out through my new employer that I have a criminal record due to that incident. My employer is getting ready to let me go. What can do to clear this up? How can I proof it wasn’t me? I should mention that my sister was never arrested nor booked for this incident so there is no fingerprints to proof it was not me.

Asked on March 5, 2012 under Criminal Law, California


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 11 years ago | Contributor

Fiirst off, you want to file a identity theft claim with your local police department as well as the Federal Trade Commission (FTC). By doing this, you can start to have law enforcement investigate the theft of your identity by your sister. Second, if your sister was ever arrested, more than likely she was fingerprinted. For cases of fraud or where a person uses someone else's name, you can have the police compare the fingerprints they have on record with your sister with yours to prove they do not match and for you to receive a clearance of those charges. Contact an attorney in your area who will help you further to clear your name. 

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