What to do if someone who was arrested used your SSN?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if someone who was arrested used your SSN?

My husbands SSN was used by another person when they were arrested in both NY and NJ. This resulted in multiple convictions against my husband in both states. He has previously hired an attorney and thought the matter was taken care of. Recently he ran a background check on himself and the wrongful information is still showing. Since this originally happened he has struggled to find any employment and is unable to obtain his driver’s license. He has considered filing a suit against both states, but we have no idea where to start and do not have any money to hire an attorney again.

Asked on June 6, 2011 under Criminal Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

On what grounds would you sue the states? The states were doing their "job"--i.e. enforcing the laws, arresting and prosecuting criminals, etc.--and it just happens that the criminal in question used your husband's social security number or SSN. The states didn't do anything wrong; it was the criminal who did.

You do have a right to correct incorrect information, in both official records and in credit reports. You need to contact the states, credit reporting agencies, etc. and, in writing, provide them both an explanation and evidence (e.g. the arrest report of the actual bad guy, showing that other than the SSN which he used, it's clearly not your husband) and ask them to change the incorrect information.

This is an unfair and bad situation, but again, the states did nothing wrong in going after a criminal who happened to be using false information. From what you write, there are no grounds for holding the states liable.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption