How to Clear Your Criminal Record After Identity Theft in Nebraska

Discovering that you have a criminal record for crimes you did not commit is a terrifying experience. Criminal identity theft occurs when someone is arrested or cited by law enforcement and gives the officer your name, date of birth, or social security number instead of their own. If the police fail to properly verify the imposter's identity, a criminal record is created in your name. This can lead to you failing background checks, losing your job, or even facing wrongful arrest at a routine traffic stop.

In Nebraska, untangling this mess requires a proactive legal strategy. You cannot simply call the police station and ask them to delete the record. You must legally prove you were not the person arrested and seek a formal court order to expunge the fraudulent record. The state provides specific mechanisms to protect identity theft victims, provided you follow the proper judicial channels.

Step-by-Step Process in Nebraska

Whether the imposter was arrested in Omaha or Scottsbluff, you must work with both local law enforcement and the county courts to clear your name and protect your future.

Step 1: Handling Traffic Stops and CDL Issues

Many victims of criminal identity theft first learn about the problem during a routine traffic stop. If an imposter received a traffic ticket in your name and failed to pay it or show up for court, a bench warrant will be issued for your arrest. This is particularly devastating for Commercial Driver's License (CDL) holders, as fraudulent violations can result in the immediate suspension of your CDL by the Nebraska Department of Motor Vehicles, Lincoln. If you are pulled over, do not argue with the officer on the side of the road. Accept the ticket or comply with instructions, then immediately hire a lawyer to request a fingerprint and photograph comparison of the original offender.

Step 2: Clearing Felony Warrants and Arrest Records

If the imposter was arrested for a felony, the stakes are much higher. You must file a formal petition to expunge the false record under Neb. Rev. Stat. § 29-3523. This involves drafting and filing a formal Petition to Expunge Arrest Record with the district court in the county where the arrest occurred, such as the Douglas County District Court, Omaha or the Lancaster County District Court, Lincoln. Your attorney will use evidence like your alibi, employer timesheets, or biometric differences (fingerprints and booking photos) to prove to the judge that you are the victim, not the perpetrator.

Step 3: Obtaining a Certified Court Order and Clearance Letter

Once the court establishes that you are a victim of criminal identity theft, the judge will issue an order under Neb. Rev. Stat. § 29-3523. You must obtain certified copies of this expungement order from the clerk of the court. The order must be served on the arresting law enforcement agency and transmitted to the Nebraska State Patrol, Lincoln so their Criminal Identification Division can remove the fraudulent arrest record, biometric data, and mugshots from state and federal databases. You can also request an official clearance letter confirming the records have been purged. Because background check discrepancies can occasionally resurface, victims should keep a certified copy of the court order and clearance letter readily accessible to present to law enforcement if questioned.

How Much Does it Cost in Nebraska?

Clearing a fraudulent criminal record does involve some expenses, though many victims successfully sue the imposter (if known) to recover these costs.

• Court Filing Fees: Filing a petition for expungement in a Nebraska District Court generally costs around $85 to $100.
• Fingerprinting Fees: To prove you are not the imposter, you will need to pay for official fingerprinting, which usually costs $15 to $30 at a local sheriff's office.
• Attorney Fees: Hiring a criminal defense attorney to handle an identity theft expungement typically ranges from $1,500 to $3,500 for a flat fee.

How Long Does the Process Take?

The legal process to clear a fraudulent criminal record is not instantaneous. After filing your petition for expungement, a court hearing is typically scheduled within 30 to 60 days. If the prosecutor objects or requests a deeper investigation into your alibi, it could take 3 to 6 months for the judge to issue the final order. Once the order is signed, it takes the state agencies another 30 days to fully wipe your name from the public databases.