Criminal Identity Theft, Clear Your Name After An Arrest

Criminal identity theft happens when someone gives police your name, date of birth or other identifying details during a stop, citation or arrest. The police report, warrant, court case or criminal history that results can then be wrongly linked to you.

Start with the law enforcement agency that handled the incident: report the impersonation, ask for a fingerprint comparison, and request a written clearance or correction. If a court case or warrant exists, contact the prosecutor and the court, and speak with a criminal defense attorney. If the record appears in an FBI or state criminal history check, challenge it through the FBI and your State Identification Bureau.

An FTC Identity Theft Report helps document what happened, but it does not remove an arrest, cancel a warrant, dismiss a charge or correct a court record. Each agency holding the wrong information must act separately.

Criminal Identity Theft: Quick Facts

Question	Answer
What is it?	Someone uses your identity in a police encounter, and records are linked to you
First contact	The police department, sheriff’s office or agency that handled the incident
Best proof you were not the person arrested	Fingerprint comparison, booking photos and identity documents
Court case or warrant exists?	Contact the prosecutor and court clerk, and consult a criminal defense attorney promptly
FBI record correction	Request your FBI Identity History Summary, then challenge inaccurate entries (28 C.F.R. § 16.34)
FBI Identity History Summary fee	$18 (fee waivers can be requested before submitting)
FBI challenge fee	None
FBI average challenge response time	Within 45 days of receipt, per the FBI
Does the FTC report clear a record?	No
Same process in every state?	No. Clearance letters, factual-innocence orders, sealing and expungement vary by state

What Is Criminal Identity Theft Under Federal and State Law?

Criminal identity theft occurs when a person uses another person’s identity in connection with a suspected crime or police encounter. Federal law treats the underlying conduct as identity theft. Under 18 U.S.C. § 1028(a)(7), it is a federal crime to knowingly use another person’s means of identification with intent to commit or aid unlawful activity, and 18 U.S.C. § 1028A adds a mandatory consecutive two-year sentence for aggravated identity theft in connection with certain listed felonies. State law also criminalizes giving false identification to police.

There are two common situations.

A Person Deliberately Gives Police Your Name

Someone stopped or arrested provides your name and date of birth, often a relative’s, friend’s or stolen identity, to hide an outstanding warrant or prior record. If the officer does not confirm identity by fingerprints or photo ID, the incident may be entered under your name.

Police or Court Systems Confuse Two People

Mistaken identity can happen without impersonation. People with similar names or birth dates can be confused, or an administrative error can attach a record to the wrong person. An unfamiliar record is not automatic proof of deliberate identity theft, so ask for the incident date, agency, case number and identifying details before assuming.

How Criminal Identity Theft Happens, Step by Step

The impostor is stopped or arrested and gives your information instead of their own.

The record is created. If no photo ID or fingerprints are checked, the citation, booking or arrest report is entered under your name.
A warrant can follow. If the impostor misses a court date, the court may issue a bench warrant in the name on the docket: yours.
The record spreads. Arrest data can flow from local agencies to state repositories and the FBI, and then to private background-check companies.

Warning Signs Someone Used Your Name During an Arrest

Police tell you about a warrant, arrest or record you do not recognize.
You receive a court summons or notice for an event you did not attend.
A background check from an employer, landlord or licensing agency shows an unfamiliar arrest.
A police report contains your name or birth date but a different photograph or description.
You are questioned about an incident in a place where you were not present.

For the wider damage this crime causes, see The Non-Monetary Costs Of Identity Theft (Real Case + Data).

Action Checklist: What to Do Right Now

Collect the facts: the agency, incident or arrest number, date, location, charges and any court case number.
Do not ignore a warrant. Call a criminal defense attorney before you contact police or the court.
Contact the arresting agency and report the impersonation.
File a police report and request a copy.
Request a fingerprint comparison and photo comparison.
Get written clearance (clearance letter, certificate of release or equivalent).
Contact the prosecutor and court clerk if charges, a summons or a warrant exist.
Correct state and FBI records through your State Identification Bureau and the FBI challenge process.
Dispute background-check errors with the screening company.
Report to the FTC at IdentityTheft.gov and keep a log of every contact.
Carry your clearance documents and keep certified copies in a secure folder.

Criminal Identity Theft, What to Do if Someone Uses Your Name During an Arrest

Step 1: Contact the Agency That Handled the Arrest

Find out which police department, sheriff’s office, state police agency or federal agency made the arrest or issued the citation. Tell it that someone else may have used your identity. Ask for the incident number and the agency’s procedure for reporting impersonation or mistaken identity. Write down who you spoke to, the date and any reference number.

If police say a warrant exists in your name, do not ignore it and do not simply walk in unprepared. Consult a criminal defense attorney first, because the right way to resolve a warrant depends on the court and state.

Step 2: File a Police Report About the Impersonation

Ask whether you should file with your local department, the agency that created the record, or both. Your local department may take an identity theft report, but the agency that created the criminal record is the one that can usually correct it.

Bring your government photo ID, any FTC Identity Theft Report, the arrest, court or warrant paperwork, and anything showing where you were or that the other person’s details do not match yours. Ask for a copy of the report and written instructions for challenging the record.

See How to Report Identity Theft to Police, and When You Actually Need To for the general police-reporting process.

Police Report vs. Court Record: Why Fixing One Does Not Fix the Other

	Police record	Court record
Created by	The arresting police department or sheriff’s office	The court clerk and prosecutor handling the case
What it contains	Arrest report, booking photo, fingerprints, incident number	Charges, docket, summons, bench warrant, judgment
Who can correct it	The arresting agency (and it must notify the state repository)	A judge or authorized court official, often after a filing
What a correction looks like	Clearance letter, amended or annotated report	Dismissal, order correcting the defendant’s identity, warrant recall, sealing or expungement, depending on state law

A police clearance letter is valuable evidence, but it does not automatically change a court docket or recall a warrant. You usually need both.

Step 3: Ask for a Fingerprint and Photo Comparison

Fingerprints are the strongest way to separate you from the person arrested. Ask whether prints were taken at the original booking and whether the agency’s identification unit can compare them with a fresh set of yours. The agency may also compare the booking photo, physical description and identification documents.

If the original arrest has no fingerprints, ask what other identity-verification procedures the agency uses. Do not assume giving your prints to one office corrects the records of other agencies. Ask which records it can amend and which agencies need separate notice.

Step 4: Request a Written Clearance or Correction Document

Once the agency decides the record is not yours, ask for written confirmation. Depending on the jurisdiction, this may be called a clearance letter, certificate of release or identity theft victim letter, and these are not standardized across states. Ask what was corrected, which databases were notified and what you must do yourself with the state or FBI. Keep certified copies and carry one.

Step 5: Correct the Court Record if Charges, a Summons or a Warrant Exist

Contact the Prosecutor or District Attorney

Explain that the case appears to involve another person using your identity. Provide the police report, ID, fingerprint comparison and clearance letter, and ask what procedure the office uses to correct a defendant’s identity.

Contact the Court Clerk

Use the case number on your notice. The clerk can explain forms and filing steps but cannot give legal advice or decide whether a case should be dismissed. A judge may need to sign an order.

Court Remedies Vary by State

Depending on the state, remedies may include dismissal, an order correcting the defendant’s identifying information, recall of a warrant, a judicial finding of factual innocence, sealing or expungement. California is one example: Penal Code § 530.6 allows an identity theft victim to petition for a judicial finding of factual innocence, and § 530.7 supports a state database for victims. Other states use different procedures, so ask a local attorney or legal aid office which applies.

Ask for Official Confirmation

If a case is dismissed, a warrant is withdrawn or an order is entered, get a copy. The original docket may remain with a notation or corrected identifiers rather than disappearing.

How to Correct Your State Criminal History Record

Each state’s central repository, often called the State Identification Bureau, holds arrest and disposition data sent in by police, prosecutors and courts. If the wrong incident shows up in a state background check, contact that bureau. The FBI publishes a State Identification Bureau directory.

Ask how to challenge a record caused by mistaken identity. Expect to provide a fingerprint card, police report, clearance letter or court order. The state repository often cannot fix its entry until the arresting agency or court corrects the source record, so confirm those agencies sent their corrections.

How to Correct an FBI Criminal History Record

An FBI Identity History Summary (a “rap sheet”) is compiled from fingerprint submissions. It is different from a private background-check report.

Step 1: Request Your Identity History Summary

Use the FBI’s Identity History Summary Checks service. The fee is $18. The FBI requires a current fingerprint card or electronic fingerprints, and it does not run name-only checks. If you cannot pay, the FBI says to contact it for fee-waiver instructions before submitting your request.

Step 2: Gather Your Evidence

Collect the police report, fingerprint comparison, clearance letter, court orders and any documents showing the entry has the wrong identifiers.

Step 3: Submit the Challenge

Under 28 C.F.R. § 16.34, you may challenge an entry by submitting a written request to the FBI or by contacting the agency that supplied the data. Your request must identify the information you believe is inaccurate or incomplete and include copies of any available proof. The FBI says there is no fee for a challenge and that the average response time is within 45 days of receipt. See the FBI’s official FAQs.

Step 4: Check the Result

Review the FBI’s response. The FBI generally changes an entry based on information from the contributing agency. For nonfederal arrests, the FBI directs questions about expungement or sealing to the State Identification Bureau of the state where the offense occurred. Federal arrest data is removed at the submitting agency’s request or on receipt of a federal court order that specifically states expungement.

Employment and Housing Background Checks: Your Rights Under the Fair Credit Reporting Act

Private screening companies often hold their own copies of the record, so correcting the original source does not automatically fix a report already sold to an employer or landlord.

Fair Credit Reporting Act provision	What it means for you
15 U.S.C. § 1681e(b)	A consumer reporting agency must follow reasonable procedures to assure maximum possible accuracy
15 U.S.C. § 1681i	You can dispute inaccurate information, and the agency must conduct a reasonable reinvestigation
15 U.S.C. § 1681b(b)(3)	An employer planning an adverse action based on a report must first give you a copy of it and a summary of your rights
15 U.S.C. § 1681k	When a report for employment includes public-record information likely to harm you, the agency must notify you or use strict procedures to ensure the information is complete and current

Ask the employer for the screening company’s name and a copy of the report. Dispute the entry in writing, attach your clearance letter or court order, and keep copies of the dispute and revised report.

Should You Report Criminal Identity Theft to the FTC?

Yes. File at IdentityTheft.gov to document the impersonation and support your wider recovery, especially if the same identity is used for financial fraud. But the FTC cannot order a police department, prosecutor or court to remove a record, so do not treat it as a substitute for the steps above. For the full process, read How To Report Identity Theft To The FTC (Step-by-Step).

Also consider freezing your credit with Equifax, Experian and TransUnion, since the same personal information may be used for financial fraud, and notify your state motor vehicle agency if your driver’s license was misused.

Identity Theft Passports and Other Protective Documents

Some states offer an identity theft passport or similar credential to help victims show law enforcement they are not the person in the record. Virginia and Ohio are examples of states with passport programs, and California maintains a victim database under Penal Code § 530.7. Check with your state attorney general’s office to see what your state offers. A passport or clearance letter helps explain the problem, but no document guarantees that every officer or database will instantly recognize it.

What to Do if You Are Stopped or Arrested Because of the False Record

Stay calm and do not physically resist.
Say clearly that you are a victim of criminal identity theft and present your clearance letter, court order or identity theft passport.
Ask officers to compare your fingerprints and photo to the record.
Ask for a supervisor if needed.
Invoke your right to an attorney and your right to remain silent, and contact your criminal defense attorney.

Can You Sue the Police or the Impostor?

You may have a civil claim against the impostor for damages. Claims against police are harder. In Baker v. McCollan, 443 U.S. 137 (1979), the U.S. Supreme Court held that a person detained for several days on a valid warrant issued for another person who had used the plaintiff’s identity did not have a constitutional claim under 42 U.S.C. § 1983 on those facts. Governments and officers also often have immunity defenses. Whether a claim is viable depends on the facts, such as whether the warrant was valid and whether officers acted reasonably after you raised the mistake. Speak with a civil rights attorney before deciding.

Frequently Asked Questions About Criminal Identity Theft

What should I do if someone used my name during an arrest?

Contact the agency that handled the arrest, report the impersonation, request a fingerprint comparison and ask for a written clearance. If there is a court case or warrant, contact a criminal defense attorney, the prosecutor and the court.

Can fingerprints prove I was not the person arrested?

They are usually the strongest evidence. The agency compares your prints to the booking prints. If prints were not taken, the agency may rely on photos, descriptions and documents, which are less conclusive.

Will the police remove the arrest from my record?

The agency can correct or annotate records it controls, but some records are corrected with a notation rather than erased, and it must notify the state repository. The process varies by jurisdiction.

Can I have the case dismissed if someone else used my name?

Notify the prosecutor and the court with evidence of mistaken identity. Do not assume dismissal until you have an official order.

How do I remove an incorrect arrest from my FBI record?

Request your FBI Identity History Summary ($18, fingerprints required), identify the incorrect entry and submit a challenge with supporting documents. The challenge itself is free, and the FBI reports an average response within 45 days.

Does an FBI correction automatically fix my state record?

No. Contact the State Identification Bureau and ask whether the original agency or court must submit a correction.

What if a background check still shows the arrest after the court fixes it?

Get a copy of the report, identify the screening company and send a written dispute with your court or clearance documents under the Fair Credit Reporting Act.

Can I be arrested because someone used my name?

Yes. Officers may detain you while they verify identity if a warrant or record appears under your name. Carry your clearance documents and contact an attorney immediately.

How long does it take to clear my name?

There is no single timeline. The FBI reports an average challenge response within 45 days, but police investigations, court filings and state repository updates can take longer.

Do I need a lawyer?

Not always, but you should get one if there is an active warrant, pending charge, court date or conviction, or if an agency refuses to correct its record. Legal aid organizations sometimes help in these cases.

Official Sources and Further Reading

AllAboutLawyer.com provides general legal information, not legal advice. Criminal-record correction, court procedures, warrants, sealing and expungement vary by state and case. If a warrant or criminal charge is associated with your name, consult a qualified criminal defense attorney.

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the FBI’s official Identity History Summary Checks FAQs (page last modified October 8, 2026), as of October 14, 2026. Last Updated: October 14, 2026.