What to Do When Someone Uses Your Name During an Arrest in Mississippi

The Nightmare of Criminal Identity Theft in Mississippi

Imagine being pulled over for a minor traffic violation in Meridian or Oxford, only to have the officer draw their weapon because the computer shows you have an active warrant for felony drug possession. This terrifying scenario is the reality of criminal identity theft. It happens when a criminal-often someone you know, or someone who bought your stolen ID-gets arrested and gives your name and date of birth to the police. The Mississippi Highway Patrol, Jackson or local authorities book the criminal under your identity, generating a false criminal record that ruins your background checks. If you are dealing with a false arrest record, connecting with a criminal defense attorney in our US Lawyers directory is essential to detangle your identity from the criminal justice system.

Under Miss. Code Ann. § 97-19-85, the fraudulent use of an identity is a serious felony. However, the burden of proving that you are not the person who committed the crime falls squarely on your shoulders. You must navigate a complex bureaucratic maze to prove your innocence and clear your background check.

The Fallout: Warrants and Background Checks

Criminal identity theft does not just cause temporary embarrassment; it has severe, long-lasting consequences on your freedom and livelihood.

Dealing with Outstanding Warrants in Your Name

If the person using your identity bonds out of jail and fails to appear for their court date, the judge will issue a bench warrant. That warrant is issued in your name. You could be traveling anywhere in the state, get pulled over, and immediately be thrown in a county jail because the computer system flags you as a fugitive. You must proactively clear these warrants before a routine traffic stop turns into an incarceration nightmare.

Background Check Disputes for Employment

Even if there is no active warrant, the false arrest record will show up on background checks. Employers, landlords, and professional licensing boards will see that 'you' were arrested for a crime. You might lose job offers or be fired without understanding why. You have the right under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681, to dispute inaccurate background checks with the screening company, but to solve the root of the problem, you must clear the official state police database.

Step-by-Step Process: Clearing Your Name

Resolving criminal identity theft requires establishing a biological distinction between you and the actual criminal.

Step 1: Fingerprinting and Identity Verification

The absolute most critical step is comparing your fingerprints to the fingerprints taken during the arrest. You must go to the arresting agency, such as the Jackson Police Department, Jackson, or coordinate with the Mississippi Department of Public Safety, Jackson, and request a fingerprint comparison. The booking photos (mugshots) are also vital evidence. Your attorney will use these physical discrepancies to prove to the prosecuting attorney that you were not the individual sitting in the jail cell.

Step 2: Petitioning for Expungement of False Arrest Records

Once you prove you were not the person arrested, the prosecutor should dismiss any pending charges against you. However, the arrest record still exists. To remove it completely from public view, your lawyer must file a petition for expungement under Miss. Code Ann. § 99-19-71(4), which governs non-convictions and dismissed charges. Precedents like Polk v. State, 150 So. 3d 967 (MS Supreme Court 2014) affirm that expungement in Mississippi is strictly a matter of legislative grace requiring direct statutory authority. Once granted, the judge will issue an order directing state and local law enforcement to expunge and seal the false arrest records, ensuring your background checks come back clean.

Step 3: Obtaining a Certificate of Innocence

In some jurisdictions, your attorney can request a formal document from the court stating that your identity was stolen and you are factually innocent of the crimes listed. You should carry a certified copy of this court order with your driver's license at all times. If you are ever pulled over before the statewide computer databases fully update, this document can prevent you from being wrongfully arrested again.

How Much Does Expungement Cost?

Filing for an expungement involves court filing fees, which generally range from $150 to $200 in Mississippi. Attorney fees for handling criminal identity theft and securing an expungement are usually charged as a flat fee, ranging from $1,000 to $2,500 depending on the complexity of the case and the number of jurisdictions involved. It is an investment in restoring your pristine criminal record and securing your future employment prospects.

Frequently Asked Questions (FAQ)