Criminal Identity Theft in Rhode Island: Clearing Warrants and Arrest Records When Someone Uses Your Name
If a criminal gives law enforcement your name during an arrest in Rhode Island, a fraudulent criminal record is created under your identity. Clearing false warrants requires fingerprint verification with the RI State Police and petitioning the court to seal the fraudulent record and destroy wrongful arrest files under R.I. Gen. Laws § 12-1-12.1.
Criminal identity theft is one of the most frightening experiences a citizen can face. It happens when an imposter-often a sibling, friend, or professional scammer-is arrested and hands the police a fake ID bearing your name, or simply recites your Social Security number. Suddenly, a court in Providence, Warwick, or Woonsocket issues an arrest warrant in your name for crimes you did not commit. You might only discover this nightmare when you are pulled over for a broken taillight and end up in handcuffs, or when you fail a routine employment background check.
Rhode Island law provides mechanisms to prove your factual innocence and seal these fraudulent records. However, untangling your name from a criminal's rap sheet is heavily bureaucratic and legally complex. The burden of proof rests on you to prove you were not the person arrested. Therefore, we strongly recommend using our USA Lawyers Directory to hire an experienced criminal defense attorney who can file the necessary motions to seal and protect your civil rights.
Step-by-Step Process in Rhode Island
Clearing a falsely attributed criminal record in Rhode Island requires coordinating with local police, state identification bureaus, and the specific district court that handled the imposter's case.
Step 1: Fingerprint Verification with the RI State Police
The definitive way to prove criminal identity theft is through biometrics. When the imposter was arrested, they were likely fingerprinted. You must contact the arresting agency or the Rhode Island State Police, North Scituate to submit your own fingerprints. By comparing your prints to the prints taken during the imposter's booking, law enforcement can definitively prove you are not the same person. You will likely need to submit a Form BCI Disclaimer, Rhode Island, Attorney General, State Criminal Background Check Release Form to obtain your current background report.
Step 2: Petitioning the Court to Seal Fraudulent Records
Once you have fingerprint evidence proving the police arrested an imposter, you must clear the court record. Under R.I. Gen. Laws § 12-1-12.1, exonerated victims of criminal identity theft can petition to have the judicial records sealed, while R.I. Gen. Laws § 12-1-12 mandates the destruction of wrongful arrest photographs and fingerprints. Your attorney will file a Form DC-33, Rhode Island, District Court, Motion to Expunge or Seal Record and Affidavit in the court where the fake charges reside, such as the Sixth Division District Court, Providence or the Third Division District Court, Warwick. A judge will review the biometric evidence and order the fraudulent record sealed.
Step 3: Overcoming Failed Employment Background Checks
A fraudulent criminal record can ruin your career overnight. If you lost a job opportunity because an employer ran a background check and found a felony attached to your name, you have rights under the 15 U.S.C. § 1681 (FCRA). You must notify the background check company that the record is the result of identity theft. Once the Rhode Island court orders the record sealed, you must proactively send the judge's order to major private background check companies to ensure they wipe the false data from their private databases.
Step 4: Suing the Imposter for Defamation and Damages
Under R.I. Gen. Laws § 11-49.1-3, identity fraud is a serious crime. If you know who the imposter is (which is common, as relatives frequently use family members' names), you can file a civil lawsuit against them. You may be entitled to recover damages for defamation, false light, emotional distress, and lost wages resulting from the fraudulent arrest record. Precedents in Rhode Island establish that victims of false personation have strong civil remedies if they can prove quantifiable harm.
How Much Does it Cost to Clear Your Name?
Fixing a criminal record involves administrative and legal expenses.
- Fingerprinting and BCI Checks: Requesting a BCI background check in Rhode Island costs $5, and professional fingerprinting services usually cost between $10 and $20.
- Court Filing Fees: Filing a motion to seal records of wrongful arrests or charges under R.I. Gen. Laws § 12-1-12.1 is free of charge ($0 court filing fee).
- Attorney Fees: Hiring a criminal defense lawyer to navigate the police bureaucracy and represent you in a record sealing hearing typically ranges from $1,500 to $3,500, depending on the complexity of the case and the number of jurisdictions involved.
How Long Does the Process Take?
Proving your factual innocence through fingerprint analysis can take 2 to 4 weeks. Once the police agree that you are a victim of identity theft, securing a hearing date for your motion to seal in a Rhode Island court typically takes 30 to 60 days. It is crucial to remember that private background check companies may take an additional 30 to 90 days to update their proprietary systems after the court order is issued.
Frequently Asked Questions (FAQ)
What should I do if I am pulled over and there is a warrant in my name?
Remain calm, comply with the officer's commands, and immediately state that you are a victim of identity theft. Provide any documentation you have, but invoke your right to remain silent regarding the alleged crime until you have a lawyer.
Will the police automatically fix the record once they know it was fraud?
No. While the police might update their internal notes, they do not have the power to alter judicial court records. You must go through the formal court sealing process under R.I. Gen. Laws § 12-1-12.1 to truly clear your name.
What if the imposter was never fingerprinted?
If the crime was a minor offense where fingerprints were not taken (like a traffic citation), your lawyer will have to use other evidence to prove factual innocence, such as surveillance footage, alibis, or mismatched physical descriptions (e.g., height, eye color) on the original police report.
Can I get a specialized identity theft passport in Rhode Island?
Some states offer an 'Identity Theft Passport' to present to law enforcement. In Rhode Island, you should carry a certified copy of the judge's order of exoneration and record sealing at all times to prevent wrongful detention in the future.
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