Falsely Arrested? Using the California Identity Theft Registry to Clear Your Criminal Record

Being handcuffed during a routine traffic stop on Interstate 5 or losing a job offer in Los Angeles because an imposter gave your name and driver's license number to police is a nightmare scenario known as criminal identity theft. Unlike financial fraud, where a bank simply reverses unauthorized credit card charges, criminal identity theft attaches warrants, citations, and felony convictions directly to your personal biographical data inside state and federal law enforcement databases.

California law provides a specialized two-part legal remedy to permanently sever your name from a perpetrator's crimes. By obtaining a judicial finding of factual innocence and registering with the state's centralized verification database, innocent residents in Los Angeles, San Diego, Sacramento, and across the state can stop wrongful arrests and restore their clean background checks.

Step-by-Step Process in California

Whether the impersonation occurred in Los Angeles County, San Diego County, or Sacramento County, clearing a wrongful criminal record requires navigating both local law enforcement protocols and the Superior Court system.

Step 1: File a Police Report in Your Local Jurisdiction

Under Cal. Penal Code § 530.6, a person who learns that an imposter has been cited, arrested, or convicted under their personal identifying information has the statutory right to file a police report with the local law enforcement agency that has jurisdiction over their actual residence. Even if the imposter committed the crime hundreds of miles away, your local police department or sheriff's office is legally required to take the report, issue a report number, and provide you with a copy before referring the investigation to the jurisdiction where the crime occurred.

Step 2: Obtain Fingerprint Verification and Arrest Records

Proving that you are not the person who was booked into jail or cited requires biometric comparison. Most victims submit fingerprints through a certified Live Scan operator using Form BCIA 8016, California, Department of Justice, Request for Live Scan Service so that the California Department of Justice, Sacramento can compare your prints against the booking prints taken when the imposter was arrested. Gathering alibi evidence, such as timecards, medical records, or travel receipts from the date of the violation, is also helpful when no fingerprints were collected during a street citation.

Step 3: File a Petition for a Certificate of Identity Theft

To legally disassociate your name from the criminal case, you or your attorney can file Form CR-151, California, Judicial Council, Petition for Certificate of Identity Theft in the Superior Court of the county where the arrest, citation, or conviction took place-such as the Superior Court of California, County of Los Angeles, Los Angeles, the Superior Court of California, County of San Diego, San Diego, or the Superior Court of California, County of Sacramento, Sacramento. If you were personally arrested by mistake because of a warrant issued in your name for the thief's conduct, your attorney may also file Form BCII 8270, California, Department of Justice, Petition to Seal and Destroy Adult Arrest Records pursuant to Cal. Penal Code § 851.8.

Step 4: Attend the Factual Innocence Hearing

At the court hearing, the judge reviews your police report, biometric comparisons, and supporting declarations to determine whether there is any reasonable cause to believe you committed the offense. In People v. Adair, 29 Cal. 4th 895 (CA Supreme Court 2003), the court established that factual innocence requires demonstrating that no person of ordinary care and prudence would entertain an honest and strong suspicion of guilt. Furthermore, when prosecutors charge the actual perpetrator, People v. Jimenez, 9 Cal. 5th 53 (CA Supreme Court 2020) confirms that the misuse of personal identifying information under Cal. Penal Code § 530.5 is a distinct public offense rather than mere shoplifting. Once satisfied of your innocence, the judge signs Form CR-150, California, Judicial Council, Certificate of Identity Theft: Judicial Finding of Factual Innocence, which includes your right thumbprint for tamper-proof verification.

Step 5: Enroll in the California Identity Theft Registry

After securing a certified copy of your judicial order, you can apply to enter the state database established under Cal. Penal Code § 530.7 and administered by the California Department of Justice, Sacramento. Once your application, Live Scan fingerprints, and certified court order are processed, the state issues a confirmation letter and a confidential Personal Identification Number (PIN). If police ever stop you in the future and see the imposter's warrant, officers can call the Registry's 24/7 toll-free hotline at 1-888-880-0240 and use your PIN to immediately verify your innocence.

Specialized Relief for High-Risk Professions and Residents

A false criminal record does not merely create a risk of roadside detention; it can immediately trigger automated license suspensions, employment termination, or federal immigration holds.

Truck Drivers (CDL) Facing License Suspension

Commercial Driver's License (CDL) holders face catastrophic career disruption when an identity thief presents their driver's license number during a traffic stop, DUI arrest, or weigh-station inspection. When the imposter fails to appear in court, the court notifies the California Department of Motor Vehicles, Sacramento, which can trigger an immediate administrative suspension or mandatory revocation under Cal. Veh. Code § 13350. To protect your CDL and clear your commercial driving record, you can submit a certified copy of Form CR-150, California, Judicial Council, Certificate of Identity Theft: Judicial Finding of Factual Innocence directly to the DMV Fraud Intervention and Driver Safety units to purge the fraudulent Failure to Appear (FTA) and lift the suspension without paying reinstatement penalties.

Teachers Failing Live Scan Background Checks

Public and private school educators in California undergo continuous fingerprint monitoring and criminal history checks. If a background vendor runs a name-based check or if an identity thief's conviction becomes mistakenly linked to a teacher's file, the California Commission on Teacher Credentialing, Sacramento may initiate credential denial or suspension proceedings under Cal. Educ. Code § 44346.1. Enrolling in the Identity Theft Registry under Cal. Penal Code § 530.7 allows teachers to authorize the DOJ to transmit official Registry verification directly to school districts and credentialing investigators, preventing wrongful placement on administrative leave.

Immigrants Facing Deportation Due to a Fraudster's Crimes

For lawful permanent residents, visa holders, and undocumented immigrants, an imposter's conviction for a crime involving moral turpitude, domestic violence, or a controlled substance offense under Cal. Penal Code § 530.5 can trigger detention by federal immigration authorities or denial of naturalization. Because immigration courts require strict documentary proof to overcome criminal record hits, obtaining both a judicial certificate under Cal. Penal Code § 530.6 and an order sealing and destroying erroneous arrest records under Cal. Penal Code § 851.8 is vital before attending an interview or removal hearing.

How Much Does it Cost in California?

California law prohibits courts from charging victims filing fees to clear criminal identity theft records, though several out-of-pocket and legal expenses may apply:

• Superior Court Filing Fees: $0 to file Form CR-151, California, Judicial Council, Petition for Certificate of Identity Theft.
• DOJ Identity Theft Registry Application: $0 state registration fee, though local Live Scan operators typically charge a $20 to $35 rolling fee to capture and transmit your fingerprints.
• Certified Court Copies and Investigative Records: Typically $25 to $75 for certified copies of dockets, booking photos, and police reports if not waived by the clerk.
• Criminal Defense Lawyer Fees: Hiring a California criminal defense attorney to investigate the imposter, draft the factual innocence motion, and represent you at the Superior Court hearing generally ranges from $1,500 to $4,500 depending on the number of counties involved.

How Long Does the Process Take?

Clearing a criminal identity theft record in California typically takes 60 to 120 days from start to finish. Obtaining the initial police report and Live Scan fingerprint comparison usually takes 2 to 4 weeks. Once your petition is filed in Superior Court, the clerk generally schedules a hearing within 30 to 60 days to give the District Attorney time to verify the biometric discrepancy. After the judge signs the factual innocence order, the California Department of Justice, Sacramento typically processes Identity Theft Registry applications and issues your verification PIN within 30 days. If you need assistance navigating multiple court jurisdictions or urgent professional licensing holds, you can browse our directory of vetted California criminal defense lawyers to find local representation near you.

Frequently Asked Questions (FAQ)