How to Clear Your Name from Criminal Identity Theft in South Carolina

Introduction to Criminal Identity Theft

Imagine being pulled over for a routine traffic stop in Spartanburg or Charleston, only to find yourself handcuffed because there is an active felony warrant out for your arrest. Criminal identity theft is a nightmare scenario where an imposter-often a family member, acquaintance, or a complete stranger who bought your data-provides your name, date of birth, and Social Security Number to law enforcement upon their arrest. When they skip bail or fail to appear in court, the arrest warrant is issued in your name.

Clearing a criminal record that does not belong to you is far more complex than fixing a credit report. In South Carolina, the burden of proving your innocence falls heavily on you. Navigating the courts, prosecutors, and state police agencies is daunting, making it highly advisable to hire an experienced criminal defense lawyer from our directory of US Attorneys. Below is a comprehensive guide to proving your true identity and purging the imposter's crimes from your permanent record.

Step-by-Step Process for Clearing Your Name

You must meticulously prove that the person arrested was not you. This relies primarily on biometric data (fingerprints and booking photos) and navigating South Carolina's specific expungement laws.

Filing an Identity Theft Affidavit with SC Law Enforcement

The first step is to create a paper trail proving you are a victim. You should file a police report with your local law enforcement agency regarding the identity theft. You will also need to complete the Form Identity Theft Report, FED, Federal Trade Commission, Identity Theft Affidavit. If the imposter was arrested in a different county, you must contact the arresting agency directly. Under S.C. Code Ann. § 16-13-510 (Financial Identity Fraud, which encompasses identifying information theft), victims have specific rights to demand law enforcement document the crime. Presenting your valid government ID and the FTC affidavit is crucial to initiate an internal review of the booking photos.

Obtaining a SLED Background Check

To understand exactly what is on your state criminal record, you must obtain your official rap sheet. In South Carolina, you request this through the South Carolina Law Enforcement Division, Columbia (SLED). You should submit a full set of your own fingerprints on a standard Form FD-258, FED, FBI, Applicant Fingerprint Card through a local police station. SLED will compare your actual fingerprints to the fingerprints taken during the imposter's booking process. If the fingerprints do not match, this is absolute biometric proof that you were not the person arrested.

Resolving Traffic Tickets Issued to Imposters

If an imposter gives your name during a traffic stop, the resulting tickets and failure-to-appear penalties will attach to your driver's license. To resolve this, you must contact the specific municipal or magistrate court that issued the ticket, such as the Richland County Central Court, Columbia or the Charleston Municipal Court, Charleston. You or your attorney will need to file a motion to reopen the case, presenting evidence like alibis, timecards, or the discrepancy between your physical description and the officer's notes on the citation.

Handling Felony Warrants Issued in Your Name

If there is an active warrant for your arrest, you are in immediate danger of being detained. Do not attempt to explain the situation to a patrol officer on the side of the road; they are required to execute the warrant. Instead, your attorney must immediately contact the prosecuting agency, such as the Greenville County Solicitor's Office, Greenville. By presenting the fingerprint mismatch from SLED and comparing your current appearance to the imposter's mugshot, the solicitor can petition a judge to recall the warrant and amend the arrest record. Precedents like State v. Martin, 403 S.C. 19 (SC Court of Appeals 2013) underscore the courts' reliance on accurate identifying information during criminal proceedings.

How Much Does it Cost to Clear Your Name?

Clearing a criminal record caused by identity theft involves specific state fees and potential legal costs.

• SLED Background Check: A standard SLED criminal records check costs $25.
• Fingerprinting Fees: Local police departments usually charge a nominal fee of $10 to $20 to roll your fingerprints onto the official FBI FD-258 card.
• Expungement Fees: Under S.C. Code Ann. § 17-22-940, the solicitor has the discretion to waive the standard $250 administrative fee if they determine you were falsely accused of a crime due to identity theft.
• Attorney Fees: Hiring a criminal defense attorney to quash a warrant and file for an identity theft expungement generally costs between $1,500 and $3,500, depending on the complexity of the case.

How Long Does the Process Take?

Recalling an active arrest warrant can sometimes be done in a matter of days if your attorney can quickly present undeniable evidence (like a radically different mugshot) to the solicitor. However, obtaining your SLED background check via fingerprint comparison usually takes 2 to 4 weeks. Once the prosecutor agrees you are a victim, formally expunging the false arrest from the state database under S.C. Code Ann. § 17-22-910 generally takes 2 to 4 months.

Frequently Asked Questions (FAQ)