Criminal Record Identity Theft: How to Clear a Record That Isn't Yours

When Someone Else's Arrest Shows Up on Your Record

Criminal identity theft happens when someone provides your name, date of birth, or other identifying information during an arrest or booking. The arrest gets logged under your identity, and unless someone catches the mismatch, that record follows you — through background checks, state rap sheets, and potentially even the FBI's national database.

This isn't a hypothetical edge case. It happens when a person who's been arrested gives a false name to avoid outstanding warrants, when stolen identification documents are used during a traffic stop, or when a simple data-entry error at the booking desk transposes digits in a Social Security number. The result is the same: a criminal record attached to your identity for something you had nothing to do with.

How to Identify the Problem

Most people discover criminal identity theft the same way: a background check for a job, an apartment, or a professional license returns records they don't recognize. If this happens to you, the first step is confirming whether the records are genuinely false — as opposed to old records you forgot about or records from a jurisdiction you didn't realize was still reporting.

Order your official records from the source:

• Your state rap sheet from the state criminal history repository (the process and cost vary by state — California charges $25 through the DOJ, Texas charges a $15 state fee plus a location-dependent FAST rolling fee, Illinois and Florida offer free personal reviews)
• Your FBI Identity History Summary through the electronic departmental order portal at edo.cjis.gov ($18, results typically within 24–48 hours of fingerprint capture)

Both of these use fingerprint-based matching, which means they'll return only records that are biometrically linked to you. Compare these against the commercial background check report. If the commercial report contains arrests or convictions that don't appear on your fingerprint-based records, you're likely dealing with a name-based matching error or identity theft.

Clearing the False Records

The correction process depends on where the false record originated and where it's being reported.

At the Law Enforcement Level

If someone was arrested using your identity, the arresting agency created the false record. Contact the law enforcement agency that made the arrest — this information should be on the background check report or your state rap sheet — and explain the situation. You'll need to:

• Provide your fingerprints for comparison against the booking fingerprints
• File an identity theft report with local law enforcement
• Provide government-issued identification showing your true identity

If the fingerprints don't match, the agency should correct the record and transmit the update to the state repository. Some agencies handle this quickly; others require persistence. Get everything in writing — the correction request, the agency's acknowledgment, and the confirmation of the update.

At the State Repository Level

Once the arresting agency confirms the correction, verify that the state criminal history database reflects the change. Order a new copy of your state rap sheet after the correction has propagated, using the repository's current processing estimate.

If the state repository still shows the false record after the arresting agency has corrected it, contact the repository directly with documentation: the agency's correction confirmation, your fingerprint comparison results, and your identity theft report.

At the FBI Level

The FBI Identity History Summary compiles records reported by state bureaus. For a state-originated false record, start with the original reporting agency or state repository so the corrected information can be transmitted to the FBI. For identity-confusion errors, contact the FBI CJIS Division directly with supporting documentation. After the state corrects its records and transmits the update, order a new FBI summary to confirm.

At the Commercial Screening Level

Commercial background screening companies are the ones employers and landlords actually use, and they maintain their own databases independent of government repositories. Even after the government records are corrected, the CRA may still be serving the old data.

File a dispute under FCRA Section 611 with every CRA that reported the false record. Include your identity theft report, the corrected government records, and a clear explanation of the discrepancy. The CRA has 30 days, or up to 45 days in certain circumstances, to investigate and correct the information.

Protecting Yourself Going Forward

After clearing the false records, take preventive steps:

• File an Identity Theft Report with the FTC at IdentityTheft.gov — this creates a recovery plan and provides documentation to support disputes with CRAs and creditors
• Place an identity theft alert on your credit reports — free through any of the three major credit bureaus, lasts one year, and requires creditors to verify your identity before opening new accounts
• Monitor your criminal record periodically — order your state rap sheet and FBI summary annually to catch any recurrence early

The Record Self-Audit Toolkit includes the tracking templates and agency contact procedures you need to manage corrections across law enforcement, state repositories, the FBI, and commercial screening companies simultaneously.