Hi suziequemn,
I'll try to help you out. This is a case of criminal identity theft,
where a criminal has impersonated your son and implicated him for the
crime.
"Unfortunately, as with financial identity theft, the burden of
clearing one's name within the criminal justice system is primarily on
the victim. The victim must act quickly and assertively to minimize
the damage. Yet, the responsibility to correct the erroneous data in
the various criminal justice computer systems is with the officials
working within the criminal justice system. There are no established
procedures for clearing one's wrongful criminal record."
This site goes on to outline procedures to follow, including keeping a
detailed log of all communications with any officials, including
dates, names and phone numbers, or email addresses, if applicable.
Confirm all important conversations in writing. Keep copies of all
written material for your files, and mail things certified, and return
receipt requested, so that you have proof that you mailed each
document to a certain person.
Assume that the data has already been entered into all federal, state
and local authorities' databases, and act accordingly. You will
probably need to contact the FBI, most importantly, in order to get
off their database.
"Once the victim's name is recorded on a criminal record data base, it
will be unlikely that the victim's name will be totally removed from
the official record. Should the imposters' true identity be
determined, the victim should request a "key name" switch within the
various criminal justice data bases. This means that the record will
reflect the imposter's true name as the primary name and the victim's
name will appear as an alias (aka). Law enforcement insists on this
record-keeping system because it reflects more accurately the criminal
event. The dilemma for law enforcement - and for the victim -- is when
the imposter's identity has not been determined."
You may want to follow these steps in order:
1. Contact the original arresting agency and tell them that the
offense was falsely attributed to you. Insist that you are the victim
and that someone misused your information to falsely attribute the
crime to you.
2. File an impersonation report. The agency will have to confirm your
identity through fingerprints and identifying cards-- driver's
license, passport, etc.
Request that the agency taking the fingerprints compare the prints
taken of the criminal to yours, and identify them as not being yours.
After taking these steps, the agency should clear the warrants and
issue a clearance letter if you were arrested on the crime. Request
that they follow up with the district attorney's office to clear your
name and prevent charges being filed against you.
Now, request that all files and records be amended to include the
perpetrator's name and not yours. This would be on the local, state,
and federal level.
Next, work with a judge to amend the original arrest records to
include the criminal's name and not yours. Your name will then become
known as their alias. You should request for the court to provide
written verification for you to carry.
In the issue of the warrant being issued this is applicable to your son's case:
"If you discovered that there is an arrest warrant or criminal
conviction, you may visit the courthouse in the jurisdiction where the
arrest was made to schedule a hearing. The office that you visit
within the courthouse will depend on whether the warrant is for a
felony or misdemeanor crime and/or traffic violation.
"It is best to call the courthouse before making the trip so you can
verify the specific office, the hours they are open to the public, and
what documentation you need to bring with you. Also, obtain the
warrant number and/or case number ("docket") of the court. Most likely
you will be asked to bring photo identification documents such as a
driver's license, passport, or U.S. legal presence documents.
"Tell the clerk there is a docket and/or warrant in your name and you
dispute the criminal event that appears in your name. Depending upon
the court of jurisdiction's protocols, the clerk may copy your
identification documents(s) and obtain other pertinent information
from you. You will likely be instructed to have your fingerprints
taken, which might be done at the District Attorney's office,
sheriff's office, or at the courthouse itself.
"Arrangements will be made to schedule an "identity hearing" with the
goal of obtaining a determination of factual innocence. At that
hearing a judge will examine the evidence, whether it is proof you
obtained on your own or subsequent police reports. If the court
determines that you indeed are the wrong person named in the
case/warrant, you will be issued a certificate that declares your
innocence in this case.
"For this and any other 'certificates of clearance' that you obtain,
make several copies. Carry one with you at all times. File another at
home in a secure place. Give others to relatives and/or friends who
can be contacted in situations where you might have forgotten yours.
If you are a California resident, see also step 8 below.
"Remember, this whole process can be complex. It involves the
arresting agency, the court, and the administrators of the various
criminal justice data base systems including the motor vehicle data
bases. In the best-case scenario you might be able to completely
separate your name from the imposter. In most cases, your name will
remain a known alias of the imposter indefinitely."
In the possible case that there were no fingerprints taken, a photo
lineup could be called, the arresting officer could say that your son
was not who she/he arrested, or the car used in the crime could be
identified as not belonging to your son.
Other interesting points:
"Should the victim hire an attorney?
Competent legal counsel can be invaluable in helping you to clear your
name. We have talked with several victims who were unable to attract
the attention of law enforcement and court personnel until an attorney
(a criminal defense attorney) contacted them. We have also spoken with
victims who have been able to navigate the criminal justice system
without legal help. However, it took them considerable time and they
felt vulnerable to being arrested for the crimes committed by the
imposter."
I would personally suggest that it might help to even get your
congressperson involved in a situation such as this one. Call the
office and see what they can do.
"Should the victim change their Social Security number or driver's license number?
Not for most situations. Changing your Social Security number may
cause more problems than it solves because you start with fresh
records. You no longer have a financial history, work history, or even
college records. A clean slate is considered negative by most lenders.
These records are all linked by your old Social Security number. (See
Fact Sheet 17(L), "Should I Change My Social Security Number," at
www.idtheftcenter.org/vg113.shtml)"
Here is an inquiry form in case you have any other issues:
http://www.privacyrights.org/inquiryform.html
Sources:
http://www.privacyrights.org/fs/fs17g-CrimIdTheft.htm
http://www.idtheftcenter.org/vg106.shtml
~~~~~~~~~~~~~~~~~
Search terms:
"identity theft criminal warrant"
If you need any other help or clarification, let me know and I'd be
glad to assist. I hope that you can resolve your son's situation
quickly.
--keystroke-ga |
