criminal identity theft

Reporting identity theft can help law enforcement bring criminals to justice and help keep your information safe. The LiveScan operator will keep the original copy of the request form and return the second copy (Requesting Agency) and third copy (Applicant) to you. Make at least two copies of the Petition and the Certificate of Identity Theft (CR-150). Change logins, passwords, and PINs for your accounts. If the judge will not permit an informal procedure, you will have to use written documents to support your request for the Certificate of Identity Theft. In some cases, criminals reportedly have used computer technology to steal large amounts of personal data. Ask the clerk to have the judge sign the Certificate of Identity Theft, and ask the clerk to provide you with a certified copy of that Certificate of Identity Theft. Be aware that the prosecutor may have its own, separate, file number for your case. Prepare the following documents, examples of which are found in the Sample Forms section: Petition Requesting Finding of Factual Innocence and Issuance of Certificate of Identity Theft, Certificate of Identity Theft: Judicial Finding of Factual Innocence (CR-150). If you are falsely arrested, you can get the warrant number from the police agency. If you want advice on a particular case, you should consult an attorney or other expert. Your name has been somehow mistakenly associated with a record of a criminal conviction of some other individual. Make several copies of it and give copies to the law enforcement agency that arrested you and to the District Attorney of the county that has jurisdiction over the crime for which you were arrested. § 1341), wire fraud (18 U.S.C. (It is understood that with this Petition, you are showing that you did nothing wrong and are being confused with someone else.). Criminal identity theft occurs when a suspect in a criminal investigation identifies himself or herself using the identity of another, innocent person. Second, in most of these instances a California state court will be involved. Complete the Identity Theft: Application for Registration as Victim Form. Completed Application for Registration As Victim Form, Second Copy - LiveScan Service Form (BCII-8016). In each court a particular judge will make the determination of whether you are entitled to a Certificate of Identity Theft. You should be fingerprinted electronically at an official LiveScan fingerprinting site, such as a Sheriff's Office or Police Department. A criminal record might be wrongly created in your name in one of the following ways: In these instances, you can immediately ask a court for a Certificate of Identity Theft. You can get the booking number from the local police agency. For example, such documents might be a copy of the policy report you filed when you learned you were an identity theft victim. In the fall of 1998, for example, Congress passed the Identity Theft and Assumption Deterrence Act. You will probably file the Petition either with the clerk assigned to the judge who will hold the hearing on your Petition or with a central intake clerk. Some of these documents should have your picture on them. Or you may have a copy of the police report filed when the identity thief committed the crime in your name, which may show that the thief does not fit your physical description or that the crime occurred when you were out of town, etc. After you have had your fingerprints taken, proceed to Step 3. In rare instances, you will obtain a new case number when you ask a court for a Certificate of Identity Theft. Any other information that tends to show that someone stole your identity and used it when s/he was arrested for a crime. Thank you to former Director Jennifer Granick, Esq., and students Erica Platt and Kalpana Srinivasan, of the Center for Internet and Society at Stanford Law School, for their contributions to this information sheet. You will be registered as a victim of identity theft in the Identity Theft Data Base after the Department of Justice verifies the information you submit, including your fingerprints, with the California Department of Motor Vehicles. In addition, this process can help you clear up damaging, but mistaken, information that might interfere with your efforts to find housing or work. Keep the other copy for yourself. Share sensitive information only on official, secure websites. In most cases of criminal identity theft, you will have to go to court to get your situation cleared up. The person who delivers the Petition to the prosecutor must complete the Proof of Service showing that the Petition has been delivered to the prosecutor. A statement of facts that demonstrates and explains why you can not be the perpetrator (for example, because you don't fit the description in the police report of the crime, or because you were out of town, at work, or with your friend at the time of the crime, etc.). This Google™ translation feature is provided for informational purposes only. Identity theft occurs when an unauthorized party uses your personally identifying information, such as your name, address, Social Security Number (SSN), or credit card or bank account information to assume your identity in order to commit fraud or other criminal acts. It is important that you write clearly and provide accurate information on your form because mistakes or omissions may result in the application being rejected by the device or the central site computer. You will need to find out if that judge will permit you to simply speak to him or her in open court (without preliminary paperwork) about the facts and circumstances that resulted in your problem. This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense. A .gov website belongs to an official government organization in the United States. This creates a criminal record in the name of the innocent person, making the innocent person a victim of criminal identity theft. To do this you will need to know a few critical pieces of information. Ask for a copy of the police report. Next follow Steps 2 through 6. Another way you could get into trouble is when you get arrested because an identity thief has used your name while committing a crime. This will help you report the theft to the FTC and the police. If you have any questions please contact: Bilingual Services Program at (916) 210-7580. At the end of this guide, you will find a partially completed sample Petition. For example, the suspect may give the police another person's name or identifying information (such as a driver's license number or a Social Security number). Mail the documents listed above to: Identity Theft is one of the fastest growing areas of consumer crime in the country, and one of the most difficult to resolve, once it takes place. There are two main ways you might find your name involved with an identity thief in the criminal law system. You will also need to the location of the courtroom where your hearing may occur. In either case, the statement of facts is considered part of the Petition. Contact the Webmaster to submit comments. You may make copies of the endorsement-stamped Petition for delivery to other parties. Any other proof you have of the theft—bills, Internal Revenue Service (IRS) notices, etc. Chief, Strategy, Policy & Training (SPT) Unit, Jerrob Duffy Arrange for the delivery of one endorsed-stamped copy of the Petition to the prosecutor, if there is one assigned to the case. After you have completed the application form, proceed to Step 4. To locate a court, you can look at the California Courts website at. After the completion of all six steps, the DOJ will then enter your name into the Identity Theft Registry. The Petition also tells the Court and prosecutor about the basic facts that support your request for the Certificate. Begin by collecting and arranging in logical order originals of your identification documents: birth certificate, Social Security card, driver's license, identity cards, passport, and any other documents that contain your personal information. You might learn that you are victim of criminal identity theft if you are arrested for a crime committed by an identity thief who used your name. or Fraud Can Happen to You? The thief was arrested (in your name) for a crime. Documents that might support your Petition are described in the form Petition at the end of this guide. Sacramento, CA 94203-4170 A listing of sites is available at Public Live Scan Sites. To avoid such errors, you may wish before going to your LiveScan appointment to complete the applicant portion of the Request for LiveScan Service (applicant submission) form (BCII 8016). If unable to make LiveScan fingerprint arrangements, you may have your fingerprints taken manually and mail the completed fingerprint card with the other required registration documents. Also, the identity thief may have a booking number from the original arrest. Schemes to commit identity theft or fraud may also involve violations of other statutes such as identification fraud (18 U.S.C. You may choose to file a report with your local police department. If you can't find the booking number, leave this space blank. Or you can get a registration application packet by calling the Identity Theft Hotline 1-888-880-0240. It tells the court and the prosecutor that you are the person petitioning (asking) the court for a Certificate of Identity Theft. Secure .gov websites use HTTPS The California Identity Theft Registry Application Process Again, the clerk will endorse-stamp your copy. Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain.What Are The Most Common Ways That Identity Theft The order is formally known as a Certificate of Identity Theft: Judicial Finding of Factual Innocence. You will mail the second copy to DOJ at the conclusion of this process. BCIA/Command Center Rm G210 Here are some examples of relevant, useful information to include in your declaration: A declaration by a witness is similar to the statement of facts discussed above. False applications for loans and credit cards. Reporting identity theft. The numbers will likely be any or all of the following: For the purposes of this guide, all of these numbers will be referred to together as the Case Number. The conclusion that you could not have been the person committing the crime should NOT be stated by the witness, since a conclusion is not a fact. With enough identifying information about an individual, a criminal can take over that individual's identity to conduct a wide range of crimes. "Criminal identity theft" is a label given to a particular type of identity theft. You will show these documents to the judge at your hearing. Chief, Special Matters Unit (SMU), Christina Weidner The Certificate is called the CR-150 form. You will find forms for applying for entry into the Identity Theft Registry at the bottom of the Criminal Identity Theft web page. Tell the police someone stole your identity and you need to file a report. See the Additional Resources section for information on free and low-cost legal help. You also need to place your fingerprint in the right bottom corner of the form. It often includes identity theft insurance, which covers damages, as well as credit monitoring. Later in this guide, the hearing process will be discussed further. You must do this before you can apply to a court for a court order (or certificate) that orders the agency to seal and destroy the records. The fact sheet may be copied, if (1) the meaning of the copied text is not changed or misrepresented, (2) credit is given to the California Department of Justice, and (3) all copies are distributed free of charge. You should be prepared to give the judge typical personal information, such as name, current address, date and place of birth, height, weight, skin color, natural eye color, and natural hair color. Call the fraud department. On average, identity theft victims suffer over $1K in fraud and countless hours of stress. Box 903417 Once you provide the proper information and your information is confirmed, you will be entered in the statewide database. Forgery as Identity Theft. If a court is involved, you will need to know the location and telephone number of the clerk of that court. Documents that support the Petition-as described in the Petition. Criminal identity theft occurs when a suspect in a criminal investigation identifies himself or herself using the identity of another, innocent person. § 1028), credit card fraud (18 U.S.C. This section will tell you how to prepare a statement of facts to provide additional support for your Petition. The LiveScan device will determine the total amount of fees to be collected/billed. You must first petition the arresting agency for a finding of factual innocence. You can also request that notification be provided to prospective employers or others. To place a fraud alert, contact one of the three credit bureaus. If someone has committed a crime while pretending to be you, you can clear your name. And it informs them of the date, time and location of the court hearing of your Petition. The clerk will stamp your copy of the Petition to show that the original has been filed with the court. A declaration is, essentially, a statement of facts made under oath. Chief, Market Integrity and Major Frauds (MIMF) Unit, Allan Medina § 1344). P. O. § 1029), computer fraud (18 U.S.C. State of California Identity theft is a crime wherein the perpetrator wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain. Federal prosecutors work with federal investigative agencies such as the Federal Bureau of Investigation, the United States Secret Service, and the United States Postal Inspection Service to prosecute identity theft and fraud cases. Identity theft protection is any service that monitors people’s personally identifiable information online, in credit applications, criminal records, and other places on the Internet and beyond. An official website of the United States government. If the person who stole and used your identity while committing a crime is arrested, you may be able to obtain the Certificate of Identity Theft from a court just by talking with (or petitioning) the judge in a court hearing during the thief's case. Call the companies where you know the fraud occurred. The violation date is the date the crime, of which you are falsely accused, occurred. You are NOT the defendant. If you've been affected by identity theft, first contact at least one of the three major credit bureaus: TransUnion, Experian, and Equifax. Attn: ID Theft Registry. That company must tell the other two. The thief was prosecuted (in your name) for a crime. For example: What Can You Do If You've Become a Victim of Identity Theft? Fourth, you should keep track of the formal name, address and telephone number of the police department or other law enforcement agency, if any is involved in the matter. When you know the case number you will be able to help the court clerks, the judge, and the prosecutor's office find the information you need-the papers and other information related to that case number. Chief, Foreign Corrupt Practices Act (FCPA) Unit, Lisa Miller That form of petition is known as Petition to Seal and Destroy Adult Arrest Records Pursuant to Penal Code Section 851.8. Be sure to make a copy of the Certificate. Rather, you should consider describing the documents in your Petition, with a promise that you will provide the judge with an opportunity to read the documents at the hearing on your Petition. Avoid opinions, conclusions, or other statements about information that you do not know to be true, of your own personal knowledge. Since these documents often contain highly confidential personal information, you should consider NOT filing these documents with the court. What is Identity (ID) Theft? First, you need to know the numbers assigned to the legal matter or case. Identity Theft and Assumption Deterrence Act. Official websites use .gov If you receive applications for "pre-approved" credit cards in the mail, but discard them without tearing up the enclosed materials, criminals may retrieve them and try to activate the cards for their use without your knowledge. The thief was cited (in your name) for a crime. Place a fraud alert and get your credit reports. This fact sheet is for informational purposes and should not be construed as legal advice or as policy of the State of California. § 1343), or financial institution fraud (18 U.S.C. Department of Justice To find this out, call the main clerk for the criminal court that is involved or call the clerk for the particular judge that will hold the hearing. The booking number is a number that is assigned to people when they are arrested. This gives that agency an opportunity to voluntarily seal and destroy the erroneous records. Identity Theft On-line Shopping For those of you who have already been targeted by identity thieves, bellow is information you need to do to minimize the damage. Warrant number: The police agency in the city or county where the offense occurred will know the warrant number for any arrest warrants in your name. Useful information might be, for example, a statement by the witness that you were with the witness at the time the crime was committed by the identity thief. For example, the suspect may give the police another person's name or identifying information (such as a driver's license number or a Social Security number). (See Penal Code, section 851.8, which can be found at http://leginfo.legislature.ca.gov/faces/codes.xhtml.). § 1028(a)(7). You may supply additional facts, either (1) within, and as part of, paragraph 6 of the Petition, or (2) as a properly marked attachment to the Petition. At the top of the page, as indicated, clearly print or type your name, address and contact information, including a telephone number, so the court can contact you if necessary. Criminal identity theft – happens when someone commits a crime and gives the police false identifying information; Medical identity theft – when a thief steals a health insurance card and gets medical care or prescription drugs; Tax identity theft – when a crook files a tax return in your name and nabs your refund Contact the clerk of the court and agree with the clerk to a date, time and location where the court will hold a hearing on your request. The thief was convicted (in your name) of a crime. ⁴ In other words, a county District Attorney or other prosecutor has filed a criminal complaint in court against the thief, but the complaint is in your name. Once you are entered in the Registry, you will receive notification of your status that you can present if you are questioned in the future. Please consult with a translator for accuracy if you are relying on the translation or are using this site for official business. State of California Department of Justice, Consumer Protection and Economic Opportunity, California Justice Information Services (CJIS), How You May Have Become a Victim of Criminal Identity Theft, The California Identity Theft Registry Application Process, The First Step: Getting a Certificate of Identity Theft, The Next Steps to Getting Into the Identity Theft Registry, http://leginfo.legislature.ca.gov/faces/codes.xhtml, Petition to Seal and Destroy Adult Arrest Records (BCIA 8270), Petición Para Sellar Y Destruir Los Registros De Detentciones De Adultos (BCIA 8270S), How to Use the California Identity Theft Registry - A Guide …. Such as declarations, warrants, complaints, etc. You should not have to provide copies of these documents to anyone. For more information on criminal identity theft, see the following: Fact Sheet 17g: Criminal Identity Theft, Privacy Rights Clearinghouse, Free and Low-Cost Legal Help, see California Judicial Council. Third, you should find out the name, mailing address and telephone number of the prosecutor, if any, assigned to the case. The witness should (1) supply the specific facts that support your Petition, (2) date the Declaration, and (3) sign the Declaration. A criminal record: If someone uses your identity to commit other crimes and gives your information to police when they get arrested, you could be the one to end up with the rap sheet. A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Review your reports. In public places, for example, criminals may engage in "shoulder surfing"– watching you from a nearby location as you punch in your telephone calling card number or credit card number – or listen in on your conversation if you give your credit-card number over the telephone. Historically, states have treated identity theft as false impersonation, forgery or as theft by deception. This guide is designed to help you do that. The court bailiff may take this fingerprint from you at the time the judge signs the order. Trial Attorney, MIMF Unit, and Hiring Coordinator, Department of Justice Main Switchboard(202) 514-2000. Also, if your mail is delivered to a place where others have ready access to it, criminals may simply intercept and redirect your mail to another location. Again, the focus of a declaration is on facts. Copy the documents. This legislation created a new offense of identity theft, which prohibits "knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law." What's The Department of Justice Doing About Identity Theft and Fraud? Then, no one can add new charges unless you agree. Â, Based on the information you enter, IdentityTheft.gov will create your Identity Theft Report and personal recovery plan. If you are not appearing before the judge, you may need to go to a police agency to get fingerprinted. You may want to get assistance from an attorney. There is no additional fee for the Identity Theft Registry. You may need this to complete other steps. The Attorney General and the Consumer Protection Unit of the Department of Justice offer the following advice to protect citizens of Delaware from Identity Theft. The way to do this is described below. • How does identity theft occur? If they do not act in 60 days, or if they deny your petition, you will have to go to court and ask the court for a Certificate of Identity Theft. File the original Petition with the court clerk. Note the final statement in the Petition: "I declare under penalty of perjury under the laws of the State of California that the facts stated in this declaration are true and correct.". You should also be prepared to show your driver's license, state identification card or passport, and your Social Security card. When you have your Certificate of Identity Theft from a court, you have completed the first step towards getting into the DOJ's Identity Theft Registry. Make note of any account or transaction you don’t recognize. Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain. The arresting agency and the prosecutor have 60 days after receiving your petition to decide if they will agree that you are factually innocent and seal and destroy the records relating to you. Ask them to close or freeze the accounts. The California Identity Theft Registry is only for victims of criminal identity theft. Joseph Beemsterboer Every individual who signs such a statement of facts is subject to penalties for any untrue statements made in it. It will be the court that is responsible for resolution of the case-the legal matter involving the identity thief and you. Chief, Administration & Management (A&M) Unit, Kyle Maurer The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool. The form of Declaration included with this guide provides a format for such a declaration. Since each case in different, we can't tell you exactly what to include. You should be prepared, at the hearing of your Petition, to share copies of the documents with the prosecutor and with the judge. Enter your name, gender, height (ht), weight (wt), hair color, eye color, race, age and date of birth, driver's license or other identification number in the spaces indicated. If you've been arrested for another person's offense, you will have a booking number. Keep in mind that all statements of fact are statements made under oath. What Are Identity Theft and Identity Fraud? You and the individuals or agencies you designate will be notified of your registration via certified letter. Each of these federal offenses are felonies that carry substantial penalties –¬ in some cases, as high as 30 years' imprisonment, fines, and criminal forfeiture. If you follow the steps outlined here, and as provided by California law, you can get the court order you will need to have your name entered into the California Identity Theft Registry. Fraudulent withdrawals from bank accounts, Fraudulent use of telephone calling cards or online accounts, or, Obtaining other goods or privileges which the criminal might be denied if he were to use his real name. The focus of a statement of facts should be on facts. If you need to use written documents to support your request for a Certificate of Identity Theft, you will have to follow the following general steps, which will be discussed later in detail: The Petition (CR-150) does many things. Senior Deputy Chief, Fraud Section, Christopher Cestaro Go to, Proof of your address (mortgage statement, rental agreement, or utilities bill). The Department of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes. This is known as an endorsement stamp. This guide is intended to help you get that order from a judge stating that you are "factually innocent" of the crime on your record. Principal Deputy Chief, Fraud Section, Albert Stieglitz If the judge permits an informal procedure, you will only need to prepare a proposed Certificate of Identity Theft for the judge to sign after the hearing. Any act of identity theft is a crime under California law. Â. The court clerk is usually at the county courthouse. Explain that someone stole your identity. 16.7 million consumers have been impacted by identity theft ¹. 18 U.S.C. If there is a conviction in your name, there may not be a warrant number. A fraud alert is free. Additional information on how to deal with criminal identity theft can be found in the Criminal Identity Theft Roadmap. Prepare for, and attend, the court hearing. The person taking the print must fill out the information next to the box. The witness should avoid opinions, conclusions, or other statements about information that the witness does not know to be true, of the witness's own personal knowledge. Chief, Health Care Fraud (HCF) Unit, Sally Molloy Paragraph 6 of the form Petition indicates that an attachment to the Petition may be provided. If you are arrested for a crime committed by an identity thief, you should use the form of petition. Get your free credit reports from Equifax, Experian, and TransUnion. Keep it for your records. Many people respond to "spam"– unsolicited E-mail – that promises them some benefit but requests identifying data, without realizing that in many cases, the requester has no intention of keeping his promise. We will refer to it here simply as a Certificate of Identity Theft. Our team of U.S.-based customer service experts and restoration specialists is ready to step in and help when you need protection most. In addition, you can support your Petition with other, independent documents. One way you could get a criminal record is when an identity thief gets into trouble with law enforcement agencies while using your name. You should fill out Petition to Seal and Destroy Adult Arrest Records form, which you will find in the Sample Forms section at the end of this guide. Put the defendant's name in the blank spot after "People of the State California vs." since the action is in the defendant's name. The judge knows you're not a lawyer and won't punish you if your papers aren't perfect. This may be a deputy district attorney who is prosecuting the identity thief. It will make it harder for someone to open new accounts in your name. You are the petitioner in this action because there is a conviction or arrest warrant in your name or with your personal information. The challenge for many criminal identity theft victims is Step 1, getting a court order verifying that you are a victim of identity theft. § 1030), mail fraud (18 U.S.C. When you sign the Petition you will be agreeing that your statement of facts is true. Delivery may be performed by an adult who is not a party to the legal action. Make a copy of the completed Proof of Service and file the original with the court. After getting the Certificate of Identity Theft, you must continue with Steps 2 through 6 in the DOJ application process. But the judge needs to have enough facts to convince him or her that there is no reasonable cause to believe that you are guilty of the crime that was committed in your name. If you have presented enough information to the judge, the judge will check the appropriate boxes under the number (2) and will sign the form.

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