Clearing Your Criminal Record After Criminal Identity Theft in Iowa
Criminal identity theft occurs when a suspect uses your name and information during an arrest. In Iowa, clearing your name requires completing a biometric fingerprint verification and filing a formal court petition to permanently expunge the fraudulent record.
There are few things more shocking than being denied a job, failing a background check, or even being pulled over by the police, only to discover you have an active arrest warrant or criminal conviction on your record for a crime you didn't commit. Criminal identity theft happens when a perpetrator-often a relative or someone who bought your information-provides your name and date of birth to law enforcement during an arrest. Because this involves the criminal justice system, untangling the mess is highly complex. To navigate this effectively, we recommend finding an experienced criminal defense attorney through our catalog of US Lawyers.
In Iowa, the law recognizes this devastating form of fraud. Under Iowa Code § 715A.8, identity theft is a serious crime, and state mechanisms exist to help victims clear their falsely tarnished records. However, the burden of proving that you are not the person who was arrested falls squarely on your shoulders.
What to Do if You Are Falsely Arrested or Flagged
Whether you are stopped in Waterloo, Ames, or Sioux City, discovering a fraudulent warrant during a routine traffic stop is terrifying. If you are detained, remain calm, clearly state that you are a victim of identity theft, and invoke your right to an attorney. Do not attempt to aggressively argue with the officer on the side of the road.
Step 1: File a Police Report for Identity Theft
As soon as you are aware of the fraudulent criminal record, file a police report specifically for criminal identity theft. You must document that someone else used your name. This foundational report is crucial for all subsequent steps.
Step 2: The Process of Fingerprint Verification
The most absolute way to prove you were not the person arrested is through biometrics. When a suspect is booked into a county jail, their fingerprints are taken. You must voluntarily submit your own fingerprints to law enforcement to prove they do not match the fingerprints of the person who was arrested using your name. Your attorney can coordinate this verification process through the Iowa Division of Criminal Investigation, Des Moines.
Step 3: Obtain an Identity Theft Passport
Once the biometric mismatch is confirmed, you should apply for an Identity Theft Passport under Iowa Code § 715A.9A through the Crime Victim Assistance Division. While this document won't automatically expunge court records, it serves as immediate proof of your innocence if you are ever pulled over or questioned while the court process is pending.
Step 4: File a Petition to Seal and Expunge Records
Proving to the police that you weren't the suspect is only the first step. The fraudulent charges still exist in the state's court system (Iowa Courts Online). Your attorney must file a formal legal motion, commonly initiated using Form 1, Iowa, Judicial Branch, Application to Expunge Court Record under Iowa Code section 901C.2. This petition is filed in the specific district court where the fraudulent conviction or arrest occurred, such as the Polk County District Court, Des Moines or the Linn County District Court, Cedar Rapids. The judge will review the fingerprint evidence and issue an order to strike your name from the criminal file, substituting it with 'John/Jane Doe' or the actual perpetrator's name.
Legal Precedents and Court Procedures
Iowa judges require absolute certainty before altering official court records. Cases involving mistaken identity and the expungement of records lean heavily on state statutes regarding the correction of criminal history data. The court follows strict guidelines under Iowa Code § 901C.2 and Iowa Code § 692.17. Crucially, under Iowa Code § 901C.2(1)(a)(3), the standard 180-day waiting period for expungement is waived when the applicant demonstrates they were a victim of identity theft or mistaken identity. In Doe v. State, 943 N.W.2d 608 (IA Supreme Court 2020), the Iowa Supreme Court affirmed the mandatory nature of expungement once statutory prerequisites are satisfied.
How Much Does it Cost in Iowa?
Clearing a criminal record requires legal intervention and associated fees:
- Fingerprint Processing: The Iowa Division of Criminal Investigation may charge a small processing fee, generally around $15 to $30, to process a fingerprint comparison request.
- Court Filing Fees: Submitting an application to expunge a dismissed criminal case under Iowa Code § 901C.2 is completely free ($0 court filing fee).
- Attorney Fees: A criminal defense attorney handling an identity theft expungement typically charges a flat fee ranging from $1,000 to $3,000, depending on the complexity of the case and the number of jurisdictions involved.
How Long Does the Process Take?
Correcting the criminal justice system is not a fast process. Getting your fingerprints compared by the DCI can take 2 to 4 weeks. Once the court petition is filed, it may take 60 to 90 days to get a hearing date before a judge. Overall, fully expunging a fraudulent criminal record from the Iowa courts system usually takes 3 to 6 months.
Frequently Asked Questions (FAQ)
Will the real criminal be prosecuted?
If law enforcement can identify the person who used your name, they may be charged with identity theft and providing false information to an officer. However, your record can be cleared even if the perpetrator is never caught.
Do I need to go to court for the expungement?
In many cases of verified criminal identity theft, an attorney can handle the hearings on your behalf. However, depending on the judge, you may be required to briefly testify to confirm your identity.
What if I was already wrongly convicted?
If the fraudulent case went all the way to a conviction in your absence, your lawyer must file a motion to vacate the conviction before the record can be expunged. This is a more complex legal hurdle but entirely possible with fingerprint evidence.
Will clearing my court record clear my background check?
Once the judge orders the expungement, it takes time for commercial background check companies to update their databases. You may need to send a copy of the judge's order to specific background check agencies to force an immediate update.
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