Step by Step instructions if you fall victim to identity theft:
- Introduction
- Step 1 Report the incident to the fraud department of the three major credit bureaus.
- Step 2 Contact the fraud department of each of your creditors.
- Step 3 Contact your bank or financial institution.
- Step 4 Report the incident to law enforcement.
This kit is designed to help you through the process of resolving your identity theft case and clearing your name. While there are many general identity theft resource guides available, this kit was specifically developed to provide assistance to Floridians who are identity theft victims, as well as individuals in other states who had their personal information fraudulently used in the state of Florida.
Navigating through the system as an identity theft victim can be a lengthy and confusing process. As you contact law enforcement, creditors, and financial institutions, it is important that you keep track of the actions you take.
When your identity is stolen your personal identifiers can be misused in a variety of different ways. As soon as you become aware that your information has been misused, there are several basic steps you should take that apply to nearly all kinds of identity theft cases:
Report the incident to the fraud department of the three major credit bureaus.
1. Ask the credit bureaus to place a "fraud alert" on your credit report.
2. Order copies of your credit reports so you can review them to see if any additional fraudulent accounts have been opened in your name or if any unauthorized charges have been made to other accounts.
3. Request a victim's statement that asks creditors to contact you prior to opening new accounts or making changes to any existing accounts.
Equifax
P.O. Box 740241
Atlanta, GA 30374-0241
To order your report: 1-800-685-1111
To report fraud: 1-800-525-6285
TDD: 800-255-0056
TransUnion
Fraud Victim Assistance
P.O. Box 6790
Fullerton, CA 92634-6790
Email: fvad@transunion.com
To order your report: 1-800-888-4213
To report fraud: 1-800-680-7289
TDD: 877-553-7803
Experian
P.O. Box 9532
Allen, TX 75013
To order your report: 1-888-EXPERIAN (397-3742)
To report fraud: 1-888-EXPERIAN (397-3742)
TDD: 800-972-0322
Contact the fraud department of each of your creditors.
Gather the contact information for each of your credit accounts (credit cards, utilities, cable bills, etc.) and call the fraud department for each creditor.
Report the incident to each creditor, even if your account at that institution has not been tampered with. Close the accounts that you believe have been compromised. Ask the credit bureaus to place an "alert" on any accounts that remain open.
Follow-up in writing immediately. The Federal Trade Commission provides an
"Find out everything on anyone" -
This email is trying to solicit $__ in order to buy a CD or program that you can use to find out personal information on another person. These are always public records and may be someone who just wants your credit account number to use themselves.
Questionnaires:
This is the time of year when you may get an email holiday card from an "old friend." It may come from a chat room friend. These include questions that help the person sending it find out your birthdate, passwords (favorite things) and even blatantly may ask for your SSN. Do not answer these, even with false information. You only let the other party know that they have reached a "live" person and you may eventually give away information you don't realize can hurt you. These people are slick and can easily convince you to divulge information you don't intent do. That is why they are called con artists.
Do not place your Social Security number or date of birth on resumes that you send out for jobs. We have heard about several instances where a person placed a "help wanted ad" either on the Internet or in a newspaper and collected SSNs that way.
Job advertisement scams:
Recently there have been scams involving Internet Job Websites (for instance Monster.com) and Newspaper Want Ads. Under no circumstances should an applicant provide a SSN to a "HR person" found through a newspaper ad or an Internet ad prior to an actual interview or prior to authenticating both the company and the person asking for the information. If you have any doubts, contact the company directly using a phone number found on the company Website or telephone book. Remember, anyone can set up a Website. You may choose to check the company out with the Better Business Bureau for that area as well as the state attorney general to make sure that they are a legitimate company. Typical tip-offs: Email addresses that do not include a company name in the domain section, mailing addresses or fax addresses in cities that differ from corporate headquarters.
In-Store security scams:
Two have been brought to our attention. Individuals identifying themselves as in-store security may request a customer's help in catching a bad employee. They ask for personal information or ask you to pre-fill out a credit application and then give it to the employee. The second form involves a scamster who is watching a customer fill out a form or pay for a bill with a credit card. Just prior to the employee calling it in for approval, they call that clerk and ask the information stating that the card/application is from a thief. Make sure that any store employee who approaches you has proper identification and that if a call interrupts an employee during a transaction, that you check it out with store security.
Telephone scams:
We anticipate that consumers will get calls from "charities" asking for donations. Do not provide credit card information over the telephone. Secondly, we also anticipate scamsters will take advantage of the new "do not call" lists being compiled by state governments. No one from the state will be calling consumers asking if they want to be included on the "do not call list" nor will these lists require a consumer to provide a SSN via telephone.
www.paypal.com
It's a URL starting with http://www.paypalsys.com --
a bogus site where the scammer steals your PayPal identity, and possibly your money.
Order or Gift Confirmation, received 10/02 ITRC
Should you receive an email from a vendor that you have not contacted, do not respond. The company is fishing for live emails and may be trying to gather credit card numbers to use for other purposes. ITRC offers this email which our office received as an example: If you are having dificulty reading this email please visit this address: www.menuts.net
Dear Menuts User, Please correct your address on our system today so we can ship your gift the J Win Stereo Cassette Player with Bass Boost! Don't miss out. (Click here) now to supply your correct address and claim your gift. Sincerely,
Lori Anderson
YourFreePresent.com
Criminals pose as government employees, press release August 19, 2002 (SACRAMENTO) -
Attorney General Bill Lockyer today urged Californians to beware of identity thieves claiming to be employees of the Attorney General's Office - or any other governmental agency. "We have recently received a number of disturbing reports from consumers who have been called by con artists who claim to work for the 'Attorney General's Office' or the 'California Department of Justice,'" Lockyer said. "I urge all Californians to avoid giving out personal financial information to unknown solicitors who want this information so they can use your identity to run up credit cards or other debts in your name." The callers reportedly tell the consumer that he or she has been a victim of 'identity theft' and that, as employees of the Attorney General's Office, the callers can help. They then ask the consumer to provide or 'confirm' information such as social security numbers, bank account numbers, or other personal or financial information.
Similar scams involving the "Do Not Call" registry and even Internal Revenue Service tax audits also have been reported recently. The Attorney General advised consumers to be vigilant. If consumers have a question about the identity and legitimacy of the person who is requesting sensitive financial information, they should not provide that person with their social security number, credit card number or any other personal financial information. Instead, they should get the caller's name, governmental agency and location and then use a web site, phone book or directory assistance to independently contact that agency and confirm that the person works there in an official capacity.
Consumers who think they may have been contacted by someone attempting to perpetrate this kind of scam should report the details of the incident to the local District Attorney's Office, the Attorney General's Public Inquiry Unit at (800) 952?5225, or the Department of Consumer Affairs at (800) 952?5210.
CRA's to Give Out Your Information Email: ITRC/FTC report - June 02
For the past year an email has been circulated stating that on July 1, 2002 the major credit reporting agencies (CRA) will be allowed to give out your credit information to anyone who requests it. It also provides a telephone number to "opt-out." The first part of that letter is incorrect. The CRAs are not changing policies and have specific guidelines for information requests. However, the phone number to "opt-out" is correct (888-5OPT OUT or 888-567-8688). This is an automated program that is regulated by the CRAs and the FTC. By "opting-out" you will be removing your name from some of the marketing lists generated for "pre-approved credit card offers." They will request your SS#.
FTC Warns on Telemarketing Scheme, Washington (AP) -
June 02 Identity thieves posing as federal officials working on "do not call'' telemarketing lists are calling consumers in attempts to trick them into volunteering personal information, Federal Trade Commission officials said Tuesday The con artists, who pretend to be with the FTC or some other organization, call saying they want to verify that consumers are on a list of people who don't want to receive telemarketing calls, the agency said. The callers ask for information such as Social Security, bank account and credit card numbers....
"Get Out Of Debt" Emails, received from Mari Frank, privacy expert
This email was received from a consumer/attorney who has the computer know-how to check it out. There are many of these emails floating around. This is just one site that has been verified as a fraud. This shows you just how easy it is for crooks to steal your ID. When you click on the "click here" a form comes up for the reader to fill out. Research showed that the form went to China. There is a good chance this information would be used to assume the person's ID."
Email Text: (without the fancy graphics)
Subject: Let us eliminate your debt
Get out of debt NOW!
(Click here)
Are you in debt? Cut your payments in half and fix your credit at the same time with our FREE debt relief service. It costs you nothing. Just click on the link and fill out this short form and end your problems today! We can solve your problems NOW! Simply click on this link and let us stop creditors from harassing you: (click here) If you would like to be removed from our mailing list, please send an email to: (address)
Social Security Services Scam
This is an old scam that has been updated using a website. It used to only go on through the postal mails. In this scam, they are requesting money for Social Security Administration services that are free. It gives you an impression that it is the official governmental website for the Social Security Administration. It charges a $12.00 fee for the form which the Social Security Administration provides for free. The charge is via a credit card, and so security issues are a concern. AVOID THIS SITE or similar websites: http://www.socialsecurityonline.us/index.html
Retail Store Scam, issued by Seattle Times, 3/7/02 In this scam, a thief wanders the aisles of a retail store looking for a customer about to make a purchase. Using a cell phone, he/she calls the cashier, claims to be store security and asks for additional information on the customer. The warning: Should a cashier be interrupted by a telephone call during a transaction and then ask you for information or begin to read any information from a credit card or driver's license over the phone to that third party, immediately ask for the card back and request to see store security. Furthermore, stores should be training personnel not to give information to another person by phone or unless they provide a badge/ID card showing they are store security.
VISA USA Fraud, issued by FTC 3/02
VISA USA Fraud Control has learned of a scam designed to obtain cardholders personal data and account information. VISA reports this activity in Canada, but suspects it may spread to the United States. Anyone with a VISA credit card may receive the following letter:
"Dear (.....) We regret to inform you that your credit card is cancelled until further notice and this in accordance with Article 205 of Chapter 210 of the international fraud department. We suspect that your card has been involved in criminal activity. In the next two days one of our investigators will contact you on the phone and proceed to verify your customer information. The violation of this law is a serious criminal act and could bring you before the courts. Your bank will not be able to assist you until our investigation is over. We are advising you that our offices are open 24 hrs a day.
VISA advises they have not issued this letter, and anyone receiving such correspondence should treat it as a scam/fraud. Please report any such contact to Visa at www.VisaFraud.com or to the financial institution which issued you the card. (Information forwarded to Department of Banking and Finance by the Tallahassee Police Department.)
IRS Audit, issued 2/02
Some taxpayers have received e-mail from a non-IRS source indicating that the taxpayer is under audit and needs to complete a questionnaire within 48 hours to avoid the assessment of penalties and interest. The e-mail refers to an "e-audit" and references the IRS Form 1040. The taxpayer is asked for social security numbers, bank account numbers and other confidential information. T
HE IRS DOES NOT CONDUCT E-AUDITS, NOR DOES IT NOTIFY TAXPAYERS OF A PENDING AUDIT VIA E-MAIL. THIS E-MAIL IS NOT FROM THE IRS.
Should you receive such a request, do not provide the requested information. This may be an identity theft attempt. If you receive an e-mail of this nature, please contact the nearest IRS office.
e-Bay Scam, reported 1/02
The E-Bay scam techniques is an interesting one. They send you a letter by email that your order has been completed and mailed. If you wish to cancel the order, you need to go to a specific web site and enter the required information. This is how they get your account info and Social Security number. It might look like this:
Dear eBay Customer,
Your order has been completed and will be mailed within 24-48 hours. Your credit card has been charged $1460.50 for the following purchase...
( Micron Pentium III Computer )
Plus shipping and handling. If you feel that your credit card has been billed wrongly, please visit our site and fill out all the needed information to cancel the following order.
Thank you,
eBay Services.
This guide provides victims of identity theft with the major resources to contact. Unfortunately, at this time victims themselves are burdened with resolving the problem. You must act quickly and assertively to minimize the damage.
In dealing with the authorities and financial institutions, keep a log of all conversations, including dates, names, and phone numbers. Note time spent and expenses incurred in case you are able to seek restitution in a later judgement or conviction against the thief, if you itemize tax deductions for theft-related expenses (consult your accountant). Confirm conversations in writing. Send correspondence by certified mail, return receipt requested. Keep copies of all letters and documents.
1. Credit bureaus. Immediately report the situation to the fraud units of the of the three credit reporting companiesExperian (formerly TRW), Equifax and TransUnion. As of April 2003, if you notify one bureau that you are a victim of identity theft, it will notify the other two. Report that your identifying information is being used by another person to obtain credit fraudulently in your name. Ask that your file be flagged with a fraud alert. Add a victim's statement to your report. ("My ID has been used to apply for credit fraudulently. Contact me at [your phone number] to verify all applications.")
Each credit bureau will mail you a free credit report once you have called them to flag your file with a fraud alert. Fraud alerts are usually placed for 90-180 days. You will want to extend the time period to seven years. Do so in writing following the directions sent in the credit report you receive. You may cancel fraud alerts at any time. In all communications with the credit bureaus, you will want to refer to the unique number assigned to your credit report and use certified, return receipt mail. Be sure to save all credit reports as part of your fraud documentation.
Ask the credit bureaus for names and phone numbers of credit grantors with whom fraudulent accounts have been opened if this information is not included on the credit report. Ask the credit bureaus in writing to remove inquiries that have been generated due to the fraudulent access. You may also ask the credit bureaus to notify those who have received your credit report in the last six months in order to alert them to the disputed and erroneous information (two years for employers). Under California law, when you provide your police report to the credit bureaus, they must remove the fraudulent accounts from your credit report (Calif. Civil Code 1785.16(k). (see #3 below.)
California and other states' laws now enables individuals to place a "security freeze" on their credit reports. This essentially prevents anyone from accessing your credit file for any reason, until and unless you instruct the credit bureaus to unfreeze or "thaw" your report. It provides more protection than a fraud alert. If your identity thief is particularly aggressive and gives no indication of ceasing to use your identity to obtain credit, and if you live in California, you should consider using the security freeze to curtail access to your credit file. The security freeze is free to victims of identity theft. Non-victims who wish to use the security freeze for prevention purposes must pay a fee to activate the freeze.
2. Creditors.New Accounts-Contact all creditors immediately with whom your name has been used fraudulently, by phone and in writing. You will see evidence of these accounts on your credit reports. Creditors will likely ask you to fill out fraud affidavits. The Federal Trade Commission provides a uniform affidavit form that most creditors accept.
Ask the credit grantors to furnish you and your investigating law enforcement agency copies of the documentation, such as the application and transaction records, showing the fraudulent transactions. In California, they are required by law to give you these copies
2a. Creditors.Existing Accounts-If your existing credit accounts have been used fraudulently, get replacement cards with new account numbers. Ask that old accounts be processed as "account closed at consumer's request" (better than "card lost or stolen" because it can be interpreted as blaming you.) Monitor your mail and bills for evidence of new fraudulent activity. Report it immediately to creditor grantors. Add passwords to all accounts. This should not be your mother's maiden name or a word that is easily guessed.
3. Debt collectors. If debt collectors attempt to require you to pay the unpaid bills on fraudulent credit accounts, ask for the name of the company, the name of the person contacting you, phone number, and address. Tell the collector that you are a victim of fraud and are not responsible for the account. Ask the collector for the name and contact information for the referring credit issuer, the amount of the debt, account number, and dates of the charges. Ask if they need you to complete their fraud affidavit form or if you can use the Federal Trade Commission form (see #2 above). Follow up in writing to the debt collector explaining your situation. Ask that they confirm in writing that you do not owe the debt and that the account has been closed.
4. Law enforcement. Report the crime to your local police or sheriff's department. You might also need to report it to police departments where the crime occurred. Give them as much documented evidence as possible. Make sure the police report lists the fraud accounts.Get a copy of the report. Keep the phone number of your investigator handy and give it to creditors and others who require verification of your case. Credit card companies and banks may require you to show the report in order to verify the crime.
5. Stolen checks. If you have had checks stolen or bank accounts set up fraudulently, report it to the appropriate check verification companies (see end). Your bank branch should be able to provide you with a fraud affidavit. Put stop payments on any outstanding checks that you are unsure of. Cancel your checking and savings accounts and obtain new account numbers. Give the bank a secret password for your account (not mother's maiden name). If your own checks are rejected at stores where you shop, contact the check verification company that the merchant uses (see end of guide).
6. ATM cards. If your ATM or debit card has been stolen or compromised, report it immediately. Contact your bank branch and request a fraud affidavit. Get a new card, account number, and password. Do not use your old password. When creating a password, don't use common numbers like the last four digits of your Social Security Number (SSN) or your birth date. Monitor your account statement. You may be liable if fraud is not reported quickly. Be sure to read the debit card contract for liability. Some cards are better protected in cases of fraud than others.
7. Fraudulent change of address.Notify the local Postal Inspector if you suspect an identity thief has filed a change of your address with the post office or has used the mail to commit fraud. (Call the U.S. Post Office to obtain the phone number, (800) 275-8777.) Find out where fraudulent credit cards were sent. Notify the local Postmaster for that address to forward all mail in your name to your own address. You may also need to talk with the mail carrier.
8. Secret Service jurisdiction. The Secret Service has jurisdiction over financial fraud. But, based on U.S. Attorney guidelines, it usually does not investigate individual cases unless the dollar amount is high or you are one of many victims of a fraud ring. To interest the Secret Service in your case, you may want to ask the fraud department of the credit card companies and/or banks, as well as the police investigator, to notify the Secret Service agent they work with.
9. Social Security Number (SSN) misuse. Contact the Social Security Administration (SSA) to report fraudulent use of your SSN such as welfare or Social Security benefit fraud. They do not handle cases of financial or criminal identity theft. (See contact information at the end of this guide.) As a last resort, you might try to change your number, although we don't recommend it except for very serious cases. The SSA will only change the number if you fit their fraud victim criteria.
10. Passports. Whether you have a passport or not, write the passport office to alert them to anyone ordering a passport fraudulently.
11. Phone service. Provide a password which must be used any time your local, cell, and long distance accounts are changed. In California, SBC/Pacific Bell's fraud hotline is (877) 202-4558. If your calling card has been stolen or there are fraudulent charges, cancel it and open a new account.
12. Driver's license number misuse. You may need to change your driver's license number if someone is using yours as ID on bad checks or for other types of fraud. Call the state office of the Department of Motor Vehicles (DMV) to see if another license was issued in your name. Put a fraud alert on your license if your state's DMV provides a fraud alert process. Go to your local DMV to request a new number. Fill out the DMV's complaint form to begin the investigation process. Send supporting documents with the completed form to the nearest DMV investigation office.
13. Victim statements. If the imposter is apprehended by law enforcement and stands trial, write a victim impact letter to the judge handling the case. Contact the victim-witness assistance program in your area for further information on how to make your voice heard in the legal proceedings.
14. False civil and criminal judgments. Sometimes victims of identity theft are wrongfully accused of crimes committed by the imposter. If a civil judgment is entered in your name for your imposter's actions, contact the court where the judgment was entered and report that you are a victim of identity theft. If you are wrongfully arrested or prosecuted for criminal charges, contact the police department and the court in the jurisdiction of the arrest. Also contact the state Department of Justice and the FBI. Ask how to clear your name.
15. Legal help. You may want to consult an attorney to determine legal action to take against creditors and/or credit bureaus if they are not cooperative in removing fraudulent entries from your credit report or if negligence is a factor. Call the local Bar Association, or Legal Aid office in your area (for low-income households), or the National Association of Consumer Advocates to find an attorney who specializes in consumer law, the Fair Credit Reporting Act and the Fair Credit Billing Act. If you are a senior citizen or take care of a dependent adult, be sure to look under Elder Law or Aging and Independent Services for referral centers.
16. Other forms of identity theft. If a deceased relative's information is being used to perpetrate identity theft, or if you personally know the thief, additional information about how to address these situations is available in other fact sheets.
17. Dealing with emotional stress. Psychological counseling may help you deal with the stress and anxiety commonly experienced by victims. Know that you are not alone. Contact the Identity Theft Resource Center for information on how to network with other victims and deal with the impact of this crime.
18. Making change. Write to your state and federal legislators. Demand stronger privacy protection and prevention efforts by creditors and credit bureaus.
19. Don't give in. Do not pay any bill or portion of a bill that is a result of fraud. Do not cover any checks that were written or cashed fraudulently. Do not file for bankruptcy. Your credit rating should not be permanently affected. No legal action should be taken against you. If any merchant, financial company or collection agency suggests otherwise, restate your willingness to cooperate, but don't allow yourself to be coerced into paying fraudulent bills. Report such attempts to government regulators immediately.
I'm a victim of criminal ID theft. What should I do?
Criminal identity theft occurs when an imposter gives another person's name and personal information such as a drivers' license, date of birth, or Social Security number (SSN) to a law enforcement officer during an investigation or upon arrest. Or the imposter may present to law enforcement a counterfeit license containing another person's data.
Frequently, but not always, the imposter fraudulently obtained a driver's license or identification card in the victim's name and provides that identification document to law enforcement. Or the imposter, without showing any photo identification, uses the name of a friend or relative. In many cases, the imposter is cited for a traffic violation or for a misdemeanor violation and is released from the arrest. The imposter signs the citation and promises to appear in court. If the imposter does not appear in court, the magistrate may issue a bench warrant, but the warrant of arrest will be under the victim's name.
The identity theft victim may not know there is a warrant of arrest issued under his/her name. The victim may unexpectedly be detained pursuant to a routine traffic stop and then subsequently arrested and taken to county jail (booked) because of the outstanding bench warrant.
In some cases the imposter will appear in court for the traffic or misdemeanor violation and plead guilty without the victim being aware of this event. In other cases, the imposter is arrested and booked at the county jail for a felony such as a drunk driving or other serious public offense. The imposter provides the victim's name and personal information. This information is then recorded in the countywide data base and is usually transferred to the State's criminal records data base and possibly to the national data bases, the National Crime Information Center (NCIC)
Some identity theft victims, unaware of the earlier criminal activity by the imposter, may learn of the impersonation when the victim is denied employment or terminated from employment. In these cases, the employer conducted a background investigation and had relied upon the criminal history found under the victim's name. Note that the employer is legally obligated to inform the victim of the reason for the rejection of employment.
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 guide.
The purpose of this guide is to provide information on the steps you must take to clear your name. Be aware that the procedures to correct the record within the criminal justice data bases are likely to be somewhat different from state to state, and even from jurisdiction to jurisdiction. This publication gives you an outline of steps to take.
In dealing with the authorities, it is vital that you keep a detailed log of all conversations, including dates, names, phone numbers, and e-mail addresses. Note the time spent and any expenses incurred, as you may some day be able to request restitution for damages from the courts. Confirm conversations in writing, especially ones that directly deal with clearing criminal records. Send correspondence by certified mail, return receipt requested. Keep copies of all letters and documents sent by mail for your files.
If you must correspond by e-mail, ask the recipient to verify receipt of the letter with the original message attached. However, we must remind you that electronic messages are not secure and should be used sparingly. Never send anything by e-mail that you would not want publicly published.
When an individual is first "booked" or a warrant of arrest is issued, that person's name is likely to be entered into the county database and the state's criminal records database. In California, this system is called the Criminal Identification Index (CII).
In the situation of criminal identity theft, the name and other identifying information such as Social Security number that appear in the data bases are that of the victim. The information is also likely to be entered into the Federal Bureau of Investigation's (FBI) National Crime Information Center (NCIC) data base of criminal identity theft should assume that information is maintained in local, state, and federal criminal history files.
This presents a problem for the victim. The usual method of query by law enforcement into the various criminal justice data bases is by name, date of birth, and/or drivers' license number. Yet, law enforcement relies on the accuracy of such information for their investigations.
Once the victim's name is recorded on a criminal record database, 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 databases. 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.
The following are general steps you must take to clear your name of the erroneous criminal records attributed to you. Please note that these procedures are likely to vary somewhat from jurisdiction to jurisdiction.
1. What is the first step the victim of criminal identity theft should take?
Contact the arresting or citing law enforcement agency -- that is, the police or sheriff's department that originally arrested the person using your identity, or the court agency that issued the warrant for the arrest. Explain that this is a case of misidentification and that someone is using your personal information. Insist that you are the victim.
2a. Working with the arresting law enforcement agency: File an impersonation report.
The law enforcement agency should first confirm your identity. This can be done by the police department taking a full set of your fingerprints, your photograph, and copying any photo identification documents such as a driver's license, passport, or U.S. legal presence documents.
Once your identity has been established, the law enforcement agency should retrieve the booking record of the criminal event that you dispute. This will include the booking prints and booking photograph or the citation which may or may not have a thumbprint impression. Request that the law enforcement agency compare the prints and/or photographs to establish your innocence.
Subsequently, the law enforcement agency should recall any warrants and issue a "clearance letter" or certificate of release (if you were arrested/booked) which you will need to keep in your possession at all times. Also, request that the law enforcement agency file with the district attorney's office and/or court of jurisdiction the follow-up investigation establishing your innocence which will entail an amended complaint being issued.
Request that the law enforcement agency change all records from your name to the imposter's true identity (if the true identity of the imposter is known). Some but not all of the levels that must be cleared include city, county, state, and federal data bases.
2b. Working with the court: You will need to determine the specific law(s) in your state that enable you to clear your name in the court records.
The declaration should say that you are factually innocent of charges based upon the follow-up impersonation investigation by the law enforcement agency, or declarations, affidavits, or other material and relevant information. This action will change the name on the arrest records and the warrant of arrest to that of the imposter (if the true identity of the imposter is known). Your name will then be known as an alias of the imposter. The court should be requested to provide written verification for you to carry.
The following is a description of the process you are likely to encounter when working with the court to clear your name of the erroneous criminal records that exist in your name. We recommend that you first file an impersonation report with the law enforcement agency of jurisdiction and allow that agency to conduct their follow-up investigation and submit their findings to the court. However, depending upon the law enforcement agency's readiness for investigating this type of crime (criminal identity theft) or the county's prescribed protocols, you may need to proceed to the court to expedite this process.
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 database 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.
3. What if the victim of identity theft lives in one county and the criminal event including the arrest warrant, traffic citation, or criminal conviction originated from another county or state?
Go to the police or sheriff department in your own jurisdiction or residency and request they take an impersonation report. Obtain a copy of the report and report number. Ask them to take the report.
In states that might not have a "local jurisdiction" law request your local law enforcement to take a "courtesy report." Mail the report, your fingerprints, your photograph, and any photo identification documents such as a driver's license, passport, or U.S. legal presence documents to the police department in the jurisdiction where the arrest warrant, traffic citation, or criminal conviction originated. Include any information you may have about the imposter, including but not limited to photograph, physical description, fingerprints, known alias and addresses.
The best method to track and resolve your case is to establish direct communication with the assigned detective or investigator. Ask this person what additional steps you need to go through to obtain a letter of clearance from their agency. Also, consider that you may be requested to sign an affidavit under the penalty of perjury that you did not give any individual permission or authority to use your name, personal identifiers including birth date, driver's license number, and Social Security number. You may also be called to testify in court if the imposter is identified and prosecuted.
You should also ask your local law enforcement agency if it can query your name through various law enforcement data bases (see item number 2a above) to see if there are any outstanding warrants, arrests, traffic violations, or convictions, that you do not yet know about. In some states, this step may be against system policies and/or may be unlawful - California, for example. But in such situations, you can ask law enforcement if they will determine simply if a record exists under the victim's name/identity, even though they may be prohibited from releasing this data to you, the victim.
4. Should the victim contact the Department (Bureau) of Motor Vehicles? Determine if your driver's license has been compromised in your state, or the state where the imposter appears to be committing crimes in your name.
Order a certified copy of your drivers' license record for your own review of possible discrepancies. The imposter might have fraudulently obtained a duplicate license under your name and license number but has his/her photograph on the license. Or the imposter may have applied for an original license in a particular state while you live in another state. Ask if your license record can be "flagged" for possible fraud. .
5. What if law enforcement determines the victim's innocence but doesn't know the true name of the imposter?
In the event that the imposter's true name is not yet known, request the "key name," or primary name, be switched from your name to the name "John Doe" with your name noted as an alias.
6. What if the police agency does not believe that an imposter committed the crimes and arrests the victim?
The first step is to ask the police to compare the arrest information - physical description, fingerprints, mug shots - to you. This should help prove your innocence. You may have to establish an alibi for the criminal event committed by the imposter. Check your date book: Can employment records establish your innocence? Do you have any receipts that prove where you were at the time of the criminal event. Is there someone who can vouch for your presence elsewhere? If this fails, you should give serious consideration to hiring a criminal defense attorney.
7. What if no fingerprints were taken by the arresting officer when the imposter was arrested? This often happens, especially with traffic violations and some misdemeanors like shoplifting. If the citation(s) does not contain a thumbprint, the law enforcement agency can compare your handwriting or signature to that of the citation. Or a vehicle records check can establish that you were not the registered owner of the vehicle that was associated with the citation. (Caution: Some imposters have registered vehicles using the victim's name.) Or the traffic officer that issued the citation may be asked to look at a photo line-up to establish that you were not the person cited.
8. 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.
9. 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.
If your driver's license number was used fraudulently by an imposter in a scheme to issue bogus checks to businesses, the license number may have been recorded and flagged by one of the various check cashing verification companies, for example, Telecheck. This may result in your check cashing privileges being denied. In this case, we recommend requesting a new license number. Be sure to contact the appropriate check verification service to clear the erroneous record.
10. In addition to working with law enforcement and the court system, are there any other steps the victim should take to clear his/her name?
Yes. You must contact any information brokers who may have purchased your wrongful criminal records from the courts and/or law enforcement agencies.
Just like consumer reporting agencies compile credit data on consumers for the purpose of selling credit reports, information brokers compile criminal record information on individuals. They sell such information to employment background checkers, private investigators, attorneys, debt collectors, and others. Information brokers purchase such records from courts and law enforcement agencies throughout the country. Your wrongful criminal record is likely to have found its way to one or more of these databases. The problem is that it may be very difficult to determine which information brokers have obtained the erroneous information and who they may have sold it to.
You should start by asking the court administrator who they sell their data to. Similarly, ask the law enforcement agency who they sell arrest data to, if anyone, and who else might have access to that data. You will want to immediately contact these entities in writing and request that they remove the erroneous information from their records. Also ask them who, if anyone, they have sold the information to, or who else has access to their data base. Do not be surprised if these companies are less than cooperative. If you encounter resistance, you may need to hire an attorney.
The information broker industry is, for all practical purposes, not regulated by federal or state law. There are no legally-mandated standards that they must comply with. Their trade association, the Individual Reference Services Group, has established a voluntary set of privacy principles.
11. What additional considerations should I be aware of regarding employment?
You may have learned about your wrongful criminal record from an employer who conducted a background check on you, and who has decided not to hire you because of the criminal record that was found. That employer is obligated to give you a copy of the report and tell you the name of the investigative company that compiled the report. This is a requirement of the federal Fair Credit Reporting Act, discussed in the next section.
Once you have learned the name of the company that conducted the background check, you should contact them and ask which information broker data base(s) they used in compiling the report. Then you must contact those companies to remove the erroneous data. Again, this is a situation in which the assistance of a competent attorney is likely to be invaluable.
12. Are there any precautions individuals can take to prevent becoming a victim of criminal identity theft?
There is no "early detection" system to alert victims of criminal identity theft. However, there are some things that you can do as precautions. Besides ordering your credit history from the three credit bureaus each year, periodically obtain a copy of your driver's license record from your local DMV. Also, order a copy of your Personal Earnings and Benefits Estimate Statement from the Social Security Administration. Information about obtaining these documents can be found in Fact Sheets 17 and 17a at www.privacyrights.org and www.idtheftcenter.org. These fact sheets discuss credit-related identity theft.
Most victims learn of the perils of criminal identity theft by indirect means. These include notice of citation(s) from the courts, collection agency calls, and notice of warrant(s) of arrest. During a routine traffic stop, a police officer might inform the victim that their license was suspended or revoked. Or the victim might be arrested for crimes committed by the imposter.
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