ARE you the victim of Identification Theft?
If someone was arrested and gave your name and identifying information, you may have false criminal records in your name.
Once stolen, an identification document can be altered and used by someone else. When that person gets arrested for a crime the fingerprints are taken. The records of the fingerprints are then associated with your name and personal information.
The criminal record appears to be yours, while the person who falsely used your identification information keeps his record clean. Police and law enforcement officials don’t always catch these mistakes.
This causes chronic problems for innocent people. It can appear that they have a criminal conviction when they don’t. This can result in being turned down for bank loans, school loans, employment, housing and professional licenses. Worst of all, they can be arrested and jailed if the person who used the stolen identification has an open arrest warrant.
Victims of identification theft can get their names completely erased from false criminal records. An Identification Theft Expunction is the most efficient way to clear your name.
This type of expunction erases your identifying information from the data banks so the criminal records are no longer associated with you and your background is clear.
The law of expunction for identification theft victims is found in Tex. Code of Criminal Procedure article 55.01 sec. 2a.
How to expunge your name from criminal records:
The expunction is done by filing a document called a petition. It can be filed where the person lives regardless of where the offense occurred. For example, a person living in Houston whose ID is stolen and falsely used by in Conroe can file the expunction in Harris county.
There are two requirements to file an identity theft expunction petition.
- The identifying information was given by the arrested person without consent, and
- The only reason the information is there is because the person falsely gave that information.
The expunction petition must also contain the following:
- A statement by the victim that he was not the person arrested.
- A set of the victim’s finger prints for verification.
A successful expunction erases the innocent person’s identifying information from the criminal records. This alleviates the feeling of helplessness and frustration for identity theft victims.
If you’re a victim of identity theft, contact Andrew Williams an experienced Houston Criminal Defense Attorney who knows how to help you. Our office in Kingwood, Texas serves clients throughout Harris County, Montgomery County, Liberty County, and San Jacinto County.
