Clearing a False Criminal Record in New Jersey Due to Criminal Identity Theft
If a suspect uses your name during an arrest or traffic stop in New Jersey, you could face false warrants and a ruined background check. You must immediately file a police report under N.J.S.A. § 2C:21-17.6 and petition the court for a judicial determination of factual innocence under N.J.S.A. § 2C:52-32.1 to clear your name.
Criminal identity theft is one of the most terrifying forms of fraud. It occurs when an arrested individual provides the police with your name, date of birth, and address instead of their own. Suddenly, you may find yourself facing active arrest warrants in places like Camden, Atlantic City, or Elizabeth for crimes you never committed. This can destroy your career, cause you to lose your housing, or result in you being wrongfully jailed during a routine traffic stop. Clearing a false criminal record in New Jersey is a complex legal battle, and you should not face it alone. We highly recommend finding an experienced criminal defense lawyer in our USA Lawyer Directory to guide you through this process.
How Criminal Identity Theft Happens in NJ
Thieves typically memorize the personal information of a friend, relative, or an entirely random victim. When pulled over for a traffic violation or arrested for a disorderly persons offense, they verbally provide this stolen identity. If the police fail to properly verify the suspect's fingerprints at the scene, the criminal charges are officially filed under your name.
Clearing False Traffic Tickets
A common scenario involves a suspect receiving a DUI or severe traffic citation and signing the ticket with your name. When they inevitably fail to show up for court, the judge at the Newark Municipal Court, Newark or the Jersey City Municipal Court, Jersey City issues a bench warrant for your arrest. You usually discover this when your driver's license is unexpectedly suspended by the MVC, or worse, when you are pulled over and handcuffed.
Expunging Fraudulent Arrest Warrants
If the thief was arrested for a more serious crime, like drug possession or shoplifting, your name enters the state's criminal database. Even if the police later realize the mistake, the initial arrest record remains tied to your background check until a judge officially orders it to be expunged. This means every time an employer runs a background check, you will appear as a criminal.
The Step-by-Step Legal Process to Clear Your Name
Do not simply ignore a false warrant hoping it will go away. You must take proactive legal action to prove your innocence and erase the fraudulent records from the New Jersey court system.
Step 1: Reporting the Fraud to the Arresting Agency
Your first step is to contact the specific police department that made the initial arrest. You must physically go to the station with your government-issued ID, birth certificate, and proof of your whereabouts on the date of the arrest. Request that they take your fingerprints to compare them against the fingerprints of the person they actually arrested. This scientific proof is the most powerful tool in clearing your name.
Step 2: Filing an Identity Theft Police Report
Under N.J.S.A. § 2C:21-17.6, any victim of criminal identity theft has the right to file an official police report with the local law enforcement agency in the municipality where they reside. Even if the arrest or citation occurred in another county or city, your local department is statutorily required to take the report and provide you with a copy. This official report is essential documentation when notifying the courts, the prosecutor, and credit bureaus that your identity was stolen.
Step 3: Working with the Local Prosecutor
Once you have fingerprint evidence proving you are not the suspect, your lawyer must work with the local county prosecutor to dismiss the fraudulent charges. The prosecutor has the authority to drop the charges against your name and reissue the warrant under a 'John Doe' or the actual suspect's real name, ensuring that law enforcement ceases enforcement against you.
Step 4: Petitioning for Judicial Determination of Factual Innocence
Even after charges are dismissed, the arrest record still exists in law enforcement databases. Under N.J.S.A. § 2C:52-32.1, you can petition the court for a judicial determination of factual innocence. You will file Form CN 10557, New Jersey, Superior Court, Verified Petition for Expungement in the Superior Court where the charge was filed. Upon granting the petition, the court orders that your name and personal identifying information be removed, marked, or sealed from all court and law enforcement records without the lengthy waiting periods required for standard criminal expungements.
How Much Does it Cost in New Jersey?
Filing a police report and clearing a false record carries no court filing fee. Under N.J.S.A. § 2C:52-32.1(e) and New Jersey's expungement reforms, the court filing fee for an expungement or petition for factual innocence is $0. However, navigating municipal courts, coordinating with prosecutors, and preparing court petitions usually requires an attorney. Legal fees to clear a false criminal record typically range from $2,500 to $6,000, depending on the severity of the charges and whether multiple jurisdictions are involved.
How Long Does the Process Take?
Getting the prosecutor to dismiss a false charge can take a few weeks once fingerprint evidence is presented. However, the expungement process in New Jersey is notoriously slow. After filing your petition, it can take anywhere from 6 to 12 months for the judge to sign the final Expungement Order and for the New Jersey State Police, West Trenton to physically wipe your name from the database.
Frequently Asked Questions (FAQ)
Should I turn myself in if I find out I have a false warrant?
You should never walk into a police station unrepresented if there is an active warrant for your arrest, even if it is false. You could be jailed immediately. Always retain a lawyer to arrange a safe surrender or to quash the warrant beforehand.
Will the true identity thief be prosecuted?
If the police can identify the person who used your name, the prosecutor will typically charge them with the original crime, plus the additional indictable charge of identity theft under N.J.S.A. § 2C:21-17.
Can a false criminal record affect my employment in NJ?
Absolutely. Until the false record is formally expunged, it will appear on standard background checks and can lead to you being fired or denied a job, even if the charges were ultimately dismissed.
What is a judicial determination of factual innocence?
Under N.J.S.A. § 2C:52-32.1, a judicial determination of factual innocence is an official court order declaring that you did not commit the offense and that someone impersonated you. The court directs all police, courts, and criminal justice databases to seal or correct the fraudulent records.
Where can I find an attorney to clear my false record?
You can browse our USA Lawyer Directory to find highly qualified criminal defense and expungement attorneys operating directly in your New Jersey county.
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