How to Clear Your Criminal Record After Identity Theft in Missouri

Discovering that you have a criminal record for a crime you never committed is a terrifying experience. In Missouri, identity thieves often give a stolen name and date of birth when pulled over by police. If the officer does not rigorously verify their identity, the arrest, traffic ticket, or even a felony charge goes entirely on your permanent record. Suddenly, you might fail a background check for a new job, or worse, be arrested on an active warrant meant for the thief.

This comprehensive guide explains exactly how to clear a fraudulent criminal record in Missouri. We will explore the specific steps to obtain an official Identity Theft Declaration and how to navigate the courts for false traffic tickets and felony arrests. Fixing this problem is legally complex, so we strongly recommend browsing our directory to find an experienced Missouri expungement attorney to guide you through the process.

Step-by-Step Process to Clear Your Name in Missouri

Under Mo. Rev. Stat. § 610.145, Missouri law provides a specific pathway for victims of criminal identity theft to clear their names. Whether the fraudulent arrest happened in St. Louis, Kansas City, or Springfield, the procedural steps remain largely the same.

Step 1: Obtaining an Official Identity Theft Declaration

Before you can clear your court record, you must officially prove that your identity was stolen. You should immediately file a report with your local police department. Next, you must contact the Missouri Attorney General's Office, Jefferson City to report the crime. You will typically complete a formal identity theft complaint or submit an official FTC Identity Theft Report, which serves as a sworn declaration that you are the victim of identity fraud.

Step 2: Submit to a Fingerprint Comparison

The strongest piece of evidence you have is your physical biology. You will need to go to a law enforcement agency, such as the Kansas City Police Department, Kansas City or the St. Louis Metropolitan Police Department, St. Louis, to be officially fingerprinted. Your attorney will then request that the police compare your real fingerprints to the fingerprints taken from the perpetrator at the time of the original arrest. This forensic mismatch proves beyond a shadow of a doubt that you were not the person in handcuffs.

Step 3: File a Petition in Circuit Court

Once you have the fingerprint evidence and the police report, your lawyer will file a petition to expunge or correct the record in the Circuit Court of the county where the fraudulent arrest took place. You may use Form CR301, Missouri, Circuit Court, Petition for Expungement - Mistaken Identity. You must serve notice to the prosecuting attorney and the Missouri State Highway Patrol, Jefferson City, which maintains the central criminal database.

Clearing Fraudulent Traffic Tickets and Warrants

One of the most common forms of criminal identity theft involves traffic stops. A thief without a valid license gets pulled over for speeding and gives the officer your name. When the thief inevitably fails to show up for court or pay the fine, the judge issues a bench warrant for your arrest. If you discover an active warrant in your name, do not ignore it. Your attorney must immediately file a motion to recall the warrant in the specific municipal or state court that issued it, presenting evidence such as timestamped employer records showing you were at work during the exact time of the traffic stop.

Handling Felony Arrests under False Names

Felony arrests involve much more severe consequences. If an identity thief is booked for a felony like drug trafficking or assault using your name, the charges are entered into the National Crime Information Center (NCIC). Precedents like In re Dyer, 163 S.W.3d 915 (MO Supreme Court 2005) demonstrate the complexities of identity issues in criminal proceedings. For felonies, your attorney must request a highly specific court order directing the Missouri State Highway Patrol, Jefferson City to permanently delete your name, social security number, and date of birth from the criminal alias file of the actual perpetrator.

How Much Does it Cost in Missouri?

While the emotional toll of identity theft is massive, clearing your criminal record also involves administrative costs.

How Long Does the Process Take?

Clearing a fraudulent criminal record is not instantaneous. Filing the police report and getting fingerprints compared can take 2 to 4 weeks. Once your attorney files the formal petition in court, it typically takes 60 to 90 days to receive a hearing date and a final judge's order. After the judge signs the order, state agencies generally take another 30 days to officially purge your name from their public databases.

Frequently Asked Questions (FAQ)