Criminal Identity Theft in Michigan: Clearing Your Name from False Arrest Records

Criminal identity theft is a nightmare scenario. It occurs when a criminal is arrested and gives law enforcement your name, your date of birth, and your Social Security Number. In Michigan, this can result in an active arrest warrant being issued in your name. You might not even realize this has happened until you are pulled over for a routine traffic stop, pass a background check for a new job, or try to rent an apartment, only to discover you have a fake criminal record.

Fortunately, Michigan law recognizes the severity of this issue. Whether through a prosecutor's dismissal (nolle prosequi), a motion for relief from judgment under MCR 6.500, or statutory expungement under Mich. Comp. Laws § 780.621, victims of criminal identity theft have specific legal pathways to completely clear their names. Furthermore, under Mich. Comp. Laws § 28.243, innocent victims are entitled to have their biometric data and arrest records fully purged. Because criminal records are maintained by the state police, courts, and the FBI, untangling this web is complicated. Consider using our directory to find a skilled Michigan criminal defense attorney to guide you through the process safely.

Step-by-Step Process in Michigan

Clearing a false criminal record requires proving beyond a shadow of a doubt that you are not the person who was arrested. Whether the false arrest happened in Grand Rapids, Flint, or Detroit, the burden of proof initially falls on you to initiate the clearance protocols.

Step 1: Surviving Traffic Stops Leading to False Warrants

If you are pulled over and the officer states there is a warrant for your arrest, remain calm. Inform the officer immediately that you suspect you are a victim of criminal identity theft. Do not resist. If you are detained, politely request that they compare your fingerprints and booking photo to the original arrest records. Do not sign anything admitting guilt.

Step 2: Fingerprint Mismatch Procedures

The golden standard for proving criminal identity theft is a fingerprint mismatch. You must visit a local police department or the Michigan State Police Headquarters, Dimondale to have your fingerprints officially rolled. These prints are then compared to the prints taken during the criminal's original booking. Since fingerprints are unique, a mismatch is absolute proof that you are the victim. Case law, such as People v. Les, 267 Mich. 648 (MI Supreme Court 1934), illustrates how identity issues are handled in criminal contexts, reinforcing the power of biometric evidence.

Step 3: Obtaining an Official Clearance Letter

Unlike states that issue a plastic identity theft passport card, Michigan does not offer a formal passport program. Instead, once law enforcement verifies the fingerprint mismatch, the investigating department issues an official clearance letter or certificate of release. The Michigan Department of Attorney General, Lansing also provides identity theft support to facilitate this process. You should keep physical and digital copies of this clearance documentation with you at all times, especially during traffic stops, while state and national databases are being corrected.

Step 4: Expunging Wrongful Felony Records and Purging Data

Even with a fingerprint mismatch, court and police records must be formally corrected. If an unauthorized conviction occurred in your name, your attorney will file a motion for relief from judgment under MCR 6.500 or an expungement petition under Mich. Comp. Laws § 780.621 using Form MC 227, Michigan, State Court Administrative Office, Application to Set Aside Conviction. Once the conviction is vacated or dismissed, the court directs the Michigan State Police under Mich. Comp. Laws § 28.243 to purge biometric data, remove false entries from the Law Enforcement Information Network (LEIN), and notify the FBI.

How Much Does it Cost in Michigan?

While clearing your name from someone else's crime shouldn't cost you anything, the reality of legal administration involves some fees:

How Long Does the Process Take?

A fingerprint mismatch check by the Michigan State Police can take a few weeks. However, the formal court process to set aside a false conviction and update the Law Enforcement Information Network (LEIN) and FBI databases generally takes between 4 to 8 months. Patience is essential.

Frequently Asked Questions (FAQ)