Clearing Your Georgia Criminal Record After Criminal Identity Theft

What is Criminal Identity Theft?

Criminal identity theft is a nightmare scenario where someone is arrested or issued a citation and provides your name, date of birth, and personal information to law enforcement. As a result, their crimes end up on your official record. Clearing your Georgia criminal record after criminal identity theft is a specialized process that requires patience and strict adherence to state procedures. Finding a local attorney through our directory can help you navigate this bureaucratic maze efficiently and protect your livelihood.

Step-by-Step Process in Georgia

Whether the fraudulent arrest happened in Atlanta, Macon, or Columbus, the core process of clearing your name runs through state agencies and local county courts. Georgia does not use the term 'expungement'; instead, the legal process is known as 'Record Restriction'.

Step 1: Reporting the Identity Theft

Before you can clear your record, you must officially document the crime. Start by filing a police report in the jurisdiction where you live, as well as with the department that made the fraudulent arrest. You will also need to submit a claim with the Federal Trade Commission. Keep copies of these reports, as they serve as foundational evidence that you are a victim of identity fraud under O.C.G.A. § 16-9-121.

Step 2: Dealing with the GCIC

The Georgia Crime Information Center, Decatur (GCIC) is the central repository for criminal records in the state. To restrict the fraudulent arrest from public view, you must navigate the rules set by O.C.G.A. § 35-3-37. You will typically begin by submitting Form Non-Numbered, Georgia, Georgia Bureau of Investigation, Request to Restrict Arrest Record directly to the arresting agency (e.g., a local sheriff's office or police department). The agency has 30 days to approve or deny the request before forwarding it to the GCIC.

Traffic Citations in Your Name

Traffic stops are the most common venue for criminal identity theft. If a thief hands over a fake ID with your information during a stop, a simple speeding ticket or DUI can become your problem. If a bench warrant is issued because the thief failed to appear in court, you could be arrested during a routine traffic stop. You will need to contact the specific municipal or state court that issued the citation to file a motion to dismiss based on mistaken identity.

Arrest Warrants Issued for Stolen Identities

If an active warrant exists in your name for a crime you did not commit, do not ignore it. You should work with a local lawyer who can proactively contact the prosecuting attorney and the judge to present fingerprint or photographic evidence proving you are not the suspect. Handled incorrectly, trying to resolve a warrant on your own could result in you being temporarily jailed while the confusion is sorted out.

Removing False Misdemeanors for Teachers and Nurses

A false criminal record can instantly destroy a career, particularly for licensed professionals. Teachers governed by the Georgia Professional Standards Commission, Atlanta or nurses regulated by the Georgia Board of Nursing, Macon face strict background check requirements. Even a restricted record may sometimes be visible to licensing boards. Therefore, it is critical to obtain a formal court order explicitly stating that you are a victim of identity theft, which can be presented to your licensing board to protect your career.

Dealing with Background Check Failures

If you have recently failed an employer's background check due to a stolen identity, you have rights under the Fair Credit Reporting Act (15 U.S.C. § 1681). You must immediately dispute the inaccurate information with the background screening company. Providing them with your GCIC clearance and police reports forces them to correct the report within 30 days.

Obtaining a Factual Finding of Innocence

Sometimes, an administrative correction alone is not enough to resolve fraudulent records. While Georgia does not have a standalone statutory petition titled 'factual finding of innocence,' victims can challenge inaccurate criminal history under O.C.G.A. § 35-3-37(c). If the arresting agency or GCIC fails to correct the Computerized Criminal History, your attorney can petition the court where the arrest occurred, such as the DeKalb County Superior Court, Decatur or the Chatham County Superior Court, Savannah, pursuant to O.C.G.A. § 35-3-37(c). A judge can review fingerprint evidence, make a formal judicial determination of mistaken identity, and order law enforcement agencies to restrict the record and sever your personal details from the criminal docket. Cases like Doe v. State, 347 Ga. App. 246 (GA Court of Appeals 2018) highlight how Georgia courts evaluate record restriction criteria and privacy protections.

How Much Does it Cost in Georgia?

How Long Does the Process Take?

Resolving criminal identity theft is rarely swift. Getting an arresting agency to approve a record restriction can take 30 to 60 days. Once approved and forwarded, the GCIC may take another 30 to 90 days to update the central database. If you must file a lawsuit for a Factual Finding of Innocence, expect the process to take anywhere from 3 to 6 months depending on the court's calendar.

Frequently Asked Questions (FAQ)