Criminal Identity Theft in Massachusetts: How to Expunge Warrants and Arrests Made Under Your Name
If someone uses your name during an arrest in Massachusetts, a false criminal record is created under your identity. To clear your record and vacate any active warrants, you must file a petition for expungement based on identity fraud with the court to legally separate your identity from the impostor.
Discovering that you have a criminal record for crimes you did not commit is a terrifying experience. Criminal identity theft occurs when a person is arrested and gives law enforcement your name, date of birth, and address instead of their own. In Massachusetts, this false information is immediately entered into the state's criminal justice system, creating a fraudulent Criminal Offender Record Information (CORI) file under your identity. This can lead to you being wrongfully arrested during a routine traffic stop, denied a job, or rejected for an apartment. Fixing this requires navigating the local court system to prove you are the victim. If you are facing active warrants due to identity theft, we highly recommend hiring a local lawyer from our US Attorneys directory to protect your freedom.
Step-by-Step Process to Clear Your Massachusetts CORI
Clearing a fraudulent criminal record is not automatic. Law enforcement will not simply take your word for it over the phone. You must legally prove your identity and obtain a court order to expunge the false entries.
Step 1: Obtain Your CORI and Police Reports
Your first step is to pull your official criminal record from the Massachusetts Department of Criminal Justice Information Services, Chelsea. Once you review your CORI, identify the specific courts and police departments involved. You then need to request the original police reports and booking photos (mugshots) from the arresting agency, such as the Boston Police Department, Boston or the Springfield Police Department, Springfield. The booking photo is your strongest piece of evidence, as it will clearly show that the person arrested was not you.
Step 2: Contact the Identity Theft Unit
Report the crime to the Massachusetts State Police, Framingham. They have specialized units that deal with identity crimes. You will need to provide your fingerprints and a copy of your valid government ID so they can compare your biometric data with the fingerprints taken from the impostor during the original booking process.
Step 3: File a Petition for Expungement Based on Identity Fraud
Under Mass. Gen. Laws ch. 276, § 100K, you or your attorney must file a petition for expungement based on false identification or identity fraud. This paperwork, starting with Form Expungement-100K, Massachusetts, Trial Court, Petition for Expungement under G.L. c. 276, § 100K, must be filed in the specific court where the impostor was arraigned, such as the Boston Municipal Court, Boston or the Worcester District Court, Worcester. If a judge grants your petition, they will issue an order vacating the fraudulent proceedings and directing the state to expunge the false entries from your CORI.
Traffic Stops and RMV Complications
Impostors frequently use stolen identities during traffic stops to avoid getting tickets on their own driving record. If the impostor fails to pay the ticket or show up to traffic court, a default warrant will be issued in your name. This automatically triggers a license suspension by the Massachusetts Registry of Motor Vehicles, Boston. You may not even realize this until you are pulled over yourself and told your license is suspended. To resolve this, you must clear the underlying court warrant first, then take the court's expungement order to an RMV hearings officer to have your driving privileges reinstated.
Felony Drug Offenses and Severe Warrants
Criminal identity theft is highly common in drug trafficking and possession cases. When an impostor is arrested for a felony drug offense, they often post bail under your name and then disappear. This leaves you with an active superior court felony warrant. In these high-stakes situations, you should never walk into a police station alone to clear it up, as you could be immediately handcuffed. An attorney must coordinate a safe surrender and schedule an immediate hearing to present the fingerprint and mugshot discrepancies to the prosecutor.
Dealing with Out-of-State Warrants
If the impostor committed crimes in neighboring states like Rhode Island or New York, the issue becomes a multi-jurisdictional nightmare. Massachusetts law enforcement cannot expunge an arrest record generated by another state. If you have an out-of-state warrant, you are considered a fugitive from justice. If stopped in Massachusetts, you could be held in jail pending extradition. You will need a lawyer licensed in the state where the crime occurred to file a motion to quash the warrant in that specific jurisdiction.
How Much Does it Cost in Massachusetts?
Proving your innocence requires time and resources. While the courts do not charge you a massive fee to be a victim, legal representation is critical.
| CORI Request Fee | Typically around $25 for a standard personal request. |
| Expungement Petition | Generally free or low-cost when filing based on factual innocence. |
| Legal Representation | Between $1,500 and $5,000 depending on the number of warrants and court appearances required. |
How Long Does the Process Take?
The timeline depends on how fast the courts operate. Requesting your CORI and booking photos takes about 2 to 4 weeks. Once your lawyer files the petition under Mass. Gen. Laws ch. 276, § 100K, it generally takes 30 to 60 days to secure a court hearing. If the judge signs the order, it can take an additional 30 days for the state agencies to fully update their databases and clear your background check.
Frequently Asked Questions (FAQ)
Will I be arrested if I go to the police station to report this?
If there is an active warrant in your name, any police officer who runs your ID is legally required to arrest you. This is why it is highly recommended to have a lawyer contact the police on your behalf.
Does this automatically fix my credit report?
No. Criminal identity theft focuses strictly on your police record and court warrants. If the impostor also opened credit cards in your name, you must handle that separately with the major credit bureaus.
Can I sue the person who used my name?
Yes, if the impostor is caught and identified, you may have grounds to file a civil lawsuit against them for the financial and emotional damages caused by the false arrest.
Can an employer fire me if they see the false record?
Under Massachusetts law, employers must give you a copy of your background check before taking adverse action. This gives you a narrow window to explain the identity theft, but you must move quickly to obtain the court expungement order.
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