How to Clear Your Record After Criminal Identity Theft in Idaho

Discovering that someone has been using your name and date of birth during traffic stops or arrests is a shocking violation. Criminal identity theft occurs when an imposter provides your identifying information to law enforcement, resulting in outstanding arrest warrants, fraudulent traffic tickets, or even felony convictions appearing on your background check. In Idaho, this can prevent you from getting a job, securing housing, or passing a basic background screening.

Clearing a false criminal record requires navigating multiple layers of the Idaho justice system, from local police departments to state databases. The burden of proof initially falls on you to demonstrate that you are the victim, not the perpetrator. Fortunately, the law provides mechanisms to expunge these false records and obtain an official clearance letter. Connecting with a knowledgeable attorney from our directory can streamline this complex process and help restore your good name.

Step-by-Step Process in Idaho

Addressing criminal identity theft requires a methodical approach. You cannot simply call a court clerk and ask them to delete a record. You must follow a strict legal pathway to prove you were not the person arrested.

Step 1: Contact the Arresting Agency

Your first task is to identify which law enforcement agency made the arrest. You must contact them directly and explain that you are a victim of criminal identity theft under Idaho Code § 18-3126. Request copies of the arrest report, booking photos (mugshots), and any signature samples the imposter provided. The visible difference between your appearance and the imposter's mugshot is your strongest piece of evidence.

Step 2: Submit to a Fingerprint Background Check

To definitively prove your identity, you must be fingerprinted by a local police department or sheriff's office. These fingerprints must be submitted to the Idaho State Police, Bureau of Criminal Identification, Meridian. Because the imposter's fingerprints were taken at the time of booking, the Bureau can conduct a biometric comparison to prove that your fingerprints do not match the ones on the fraudulent criminal record.

Step 3: File a Motion to Correct the Court Record

Once you have fingerprint clearance and booking photo discrepancies, you or your lawyer must file a formal motion in the court where the imposter was prosecuted. For traffic and misdemeanor cases, this is usually a Magistrate Court, such as the Canyon County Magistrate Court, Caldwell. For felonies, you must file in a District Court, like the Kootenai County District Court, Coeur d'Alene. The judge will review the evidence and issue an order declaring your factual innocence.

Step 4: Apply for Expungement

After receiving a court order of factual innocence, you must ensure the false data is removed from state databases. Under Idaho Code § 67-3004(10), you have the right to request the modification or expungement of inaccurate criminal history records. You will typically need to submit Form BCI Expungement Application, Idaho, Idaho State Police, Expungement Application along with the judge's order.

Resolving Fraudulent Traffic Tickets

A common form of criminal identity theft involves traffic stops. An imposter without a valid license gives your name to the officer. When they fail to pay the ticket, a bench warrant is issued in your name, and your Idaho driver's license may be suspended. You must contact the Idaho Transportation Department, Boise to report the fraud and prevent license suspension. A lawyer can help schedule a hearing with the specific county traffic court to quash the bench warrant and dismiss the ticket based on mistaken identity.

Obtaining an Official Clearance Letter

To prevent future misunderstandings or wrongful detentions during traffic stops, victims can obtain an official clearance letter from the Idaho State Police, Bureau of Criminal Identification, Meridian. Once your fingerprint comparison proves that your prints do not match those of the imposter, the Bureau can issue formal written documentation verifying that the arrest record does not belong to you. Keeping certified copies of this clearance letter and the court's dismissal order in your vehicle provides immediate proof of your innocence if an officer questions you while state and federal databases are being updated.

How Much Does it Cost in Idaho?

Clearing your name generally involves the following costs:

• Court Filing Fees: Idaho courts typically waive filing fees for motions of factual innocence related to identity theft.
• Fingerprinting Fees: Local police departments usually charge between $10 and $25 to roll fingerprints.
• Attorney Fees: Hiring a lawyer to draft motions and appear in court for you usually ranges from $1,000 to $3,000 depending on the complexity and number of jurisdictions involved.

How Long Does the Process Take?

Gathering evidence, obtaining fingerprint results from the Bureau of Criminal Identification, and scheduling a court hearing typically takes 2 to 4 months. Once the judge signs the order of factual innocence, it may take an additional 30 to 60 days for the state databases to fully purge the fraudulent information.

Frequently Asked Questions (FAQ)