Clearing Your Name: A Guide to Criminal Identity Theft Recovery in Colorado

Discovering that someone has committed crimes using your name is a terrifying experience. Criminal identity theft occurs when a person is arrested, cited for a traffic ticket, or charged with a crime and provides your identifying information to law enforcement instead of their own. For residents in Denver, Colorado Springs, and Boulder, this can lead to wrongful arrests, denied job applications, and ruined reputations.

Unlike financial identity theft, clearing your name from a criminal record requires interacting directly with police departments, district attorneys, and judges. Colorado law provides specific protections for victims, including dedicated support from the Colorado Bureau of Investigation and statutory record expungement. However, the legal system is often slow and bureaucratic, and prosecutors may initially be skeptical of your claims.

Trying to prove your innocence to the courts without legal knowledge can be overwhelming. We highly recommend browsing our USA Lawyer Directory to find a local Colorado criminal defense or identity theft attorney. A legal professional can step in, communicate with the District Attorney on your behalf, and file the correct motions to clear your record effectively.

Step-by-Step Process in Colorado

The process of recovering from criminal identity theft in Colorado involves multiple steps and agencies, depending on how your name was used. The Colorado Bureau of Investigation, Lakewood operates an Identity Theft and Financial Fraud Unit to assist victims, while state law empowers individuals to obtain official clearance and completely expunge criminal records resulting from mistaken identity.

Step 1: Handling Outstanding Arrest Warrants

If the identity thief missed a court date, a judge likely issued a bench warrant in your name. This means any routine traffic stop could result in your immediate arrest. If you discover an active warrant out of the Denver County Court, Denver or Arapahoe County District Court, Centennial, you must not ignore it. Generally, an attorney will need to file a Motion to Quash the Warrant. They will present evidence-such as your fingerprints, booking photos of the actual suspect (if available), and alibis-to prove you are the victim of mistaken identity.

Step 2: Traffic Tickets and DUIs in Your Name

Identity thieves often give a stolen name and birthdate when pulled over for traffic violations or a DUI. If the thief signs the citation in your name, the Colorado Department of Revenue, Denver (DMV) will attach the violation to your driving record, potentially suspending your license. You must contact the specific police department that issued the ticket, such as the Aurora Police Department, Aurora or Colorado State Patrol, Denver. You will typically need to submit to fingerprinting so they can compare your prints to the ones taken during the thief's DUI arrest.

Step 3: Resolving Fraudulent Felonies with the DA

If the thief was charged with a serious felony in your name, the stakes are much higher. You will need to coordinate directly with the local District Attorney's office, such as the Denver District Attorney's Office, Denver. An attorney can present a factual innocence claim. If the DA agrees that you are a victim of identity theft, they can file a motion to dismiss the charges against you and amend the criminal complaint to list the actual perpetrator as a "John Doe" or under their real name.

Step 4: Securing an Official Clearance Letter and CCIC Flag

Because Colorado does not operate a physical card passport program, victims must obtain an official Clearance Letter (or Certificate of Clearance) directly from the investigating law enforcement agency or the Colorado Bureau of Investigation, Lakewood. The agency compares your fingerprints and booking data against the perpetrator's file. Once confirmed, law enforcement enters an innocence flag into the Colorado Crime Information Center (CCIC) and National Crime Information Center (NCIC) systems. Carrying this official Clearance Letter protects you during future traffic stops or background checks while court records are permanently expunged.

Step 5: Expunging Fraudulent Criminal Records

Even after charges are dismissed, the fraudulent arrest record will appear on background checks unless formally destroyed. Under Colo. Rev. Stat. § 24-72-702, individuals arrested or cited as a result of mistaken identity are entitled to complete expungement of their arrest and criminal records. Unlike standard record sealing, an expungement under this statute physically erases the record from state databases. The law requires the arresting agency or the court to initiate this process without imposing any court filing fees on the victim.

How Much Does it Cost in Colorado?

Victims should not have to pay for the crimes of others, but navigating the legal system does incur some costs, especially if you hire professional help.

How Long Does the Process Take?

Untangling a criminal record is a methodical process. Getting a warrant quashed with the help of a lawyer can sometimes take just a few days or weeks. Securing an official Clearance Letter and having law enforcement update CCIC/NCIC records generally takes 1 to 3 months. Completing the formal court expungement under Colo. Rev. Stat. § 24-72-702 can take an additional 2 to 4 months once the investigation confirms mistaken identity.

Frequently Asked Questions (FAQ)