Clearing Criminal Identity Theft: What to Do If Someone Is Arrested Under Your Name in Louisiana
If a criminal uses your name during an arrest in Louisiana, you must petition the local court for an expungement under non-conviction rules to clear fraudulent warrants and repair your criminal background check without paying court fees.
Financial identity theft is a nightmare, but criminal identity theft is a direct threat to your physical freedom. This terrifying scenario occurs when a criminal-often a relative, a former friend, or a stranger who bought your stolen ID on the dark web-is pulled over or arrested in Louisiana and gives law enforcement your name and date of birth instead of their own. Suddenly, you could face active arrest warrants, get fired from your job due to a failed background check, or be thrown in jail for a crime you did not commit. Clearing your name in the Louisiana justice system is a highly complex legal procedure that requires presenting fingerprint and biometric evidence to a judge. To navigate this crisis safely, you should locate an experienced criminal defense lawyer in our US Lawyers Directory immediately.
How Criminal Identity Theft Happens in Louisiana
Criminal identity theft almost always begins during a high-stress police encounter. When a criminal is pulled over for a traffic violation or caught committing a misdemeanor, they may claim they left their physical driver's license at home. They then recite your stolen personal information to the police officer. If the officer fails to verify the identity through a portable fingerprint scanner, a citation or arrest booking is generated under your pristine name. The criminal signs the ticket or bond paperwork, walks out of the jail, and never shows up for the scheduled court date. The judge then issues a bench warrant for the name on the ticket-which is yours.
Clearing Fraudulent Traffic Tickets
Traffic stops are the most common source of criminal identity theft. If you receive a notice in the mail about a missed court date or a suspended license for a traffic ticket you never received, act immediately. You will need your attorney to contact the specific municipal court, such as the Baton Rouge City Court, Baton Rouge or the Municipal and Traffic Court of New Orleans, New Orleans. Your lawyer will motion the court to pull the original physical ticket to compare the signature on the citation against your actual signature, proving that the person pulled over was an imposter.
Removing False Arrest Warrants in Louisiana Parishes
If the imposter was booked on more serious misdemeanor or felony charges, an active bench warrant will be issued for your arrest. If you are pulled over for speeding while this warrant is active, you will be arrested on the spot. You must have an attorney proactively file a motion to quash the warrant in the district court where the crime occurred, such as the 24th Judicial District Court, Gretna or the 1st Judicial District Court, Shreveport. The attorney will present an alibi, photographic evidence, and fingerprint discrepancies to prove you are not the person the police are actually looking for.
Obtaining a Factual Declaration of Innocence
Simply having a prosecutor dismiss the charges is not enough to protect your future. If the charges are merely dismissed, the arrest record will still show up on background checks. To completely clear your name in Louisiana, you must utilize specific identity theft protections.
Under the state's identity theft statute, La. Rev. Stat. § 14:67.16, and the non-conviction arrest expungement procedure under La. Code Crim. Proc. art. 976, a victim of criminal identity theft can completely clear their record. While some states use a separate proceeding termed a 'factual declaration of innocence,' Louisiana provides equivalent relief by expunging arrests that did not result in a conviction. Your attorney will file the statutory petition using Form La. C.Cr.P. Art. 989, Louisiana, District Court, Motion for Expungement. During the contradictory hearing, your lawyer will prove through biometric evidence (such as fingerprints and booking photos) that you were not the perpetrator. Under La. Code Crim. Proc. art. 983(F), victims of criminal identity theft are fully exempt from all court and state processing fees when petitioning to clear the fraudulent arrest.
Once the judge reviews this evidence, they will sign a court order expunging the record and affirming that your identity was stolen. The precedent for carefully handling expungements and protecting innocent records has been guided by cases like State v. Expunged Record (No.) 249,044, 881 So. 2d 104 (LA Supreme Court 2004), which underscores the state's duty to clear erroneous criminal records when the statutory requirements are met.
Correcting Background Checks for Employment
Once the judge signs the order of factual innocence and expungement, the final critical step is forcing the state police to update their databases. Your attorney will serve the certified court order on the Louisiana State Police, Bureau of Criminal Identification and Information, Baton Rouge, as well as the FBI and local arresting agencies. This forces the state police to physically remove the fraudulent arrest from your official rap sheet, ensuring that when future employers or landlords run a background check, your record comes back completely clean.
Frequently Asked Questions (FAQ)
Can I be arrested if I go to the police station to fix this?
Yes. If there is an active bench warrant in your name, walking into a police station to explain the mistake can result in your immediate arrest. You should always hire an attorney to interact with law enforcement and clear the warrant safely through the court system first.
How much does an identity theft expungement cost?
Normally, expungements in Louisiana cost several hundred dollars in court and administrative fees. However, under La. Code Crim. Proc. art. 983(F), if your attorney proves that the arrest resulted from criminal identity theft under La. Rev. Stat. § 14:67.16, all standard state and court expungement filing fees are waived.
Will the police try to catch the person who used my name?
Once you prove your innocence, the court will typically reissue the arrest warrant under a 'John Doe' or with the physical description and mugshot of the actual imposter. If the police can identify the imposter, they will be charged with the original crime plus identity theft.
How long does it take to clear my background check?
Once the judge signs the expungement order, it can take the Louisiana State Police up to 60 days to process the paperwork and physically remove the fraudulent data from the state and national criminal background check databases.
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