Clearing Your Name from Criminal Identity Theft and False Arrests in West Virginia

Discovering that you have a criminal record for a crime you never committed is a terrifying experience. In West Virginia, criminal identity theft happens when a person-often a relative or someone who stole your wallet-is arrested and gives your name, date of birth, or Social Security Number to the police. Because the police rely on the information provided at the time of the arrest, the resulting criminal charges, court dates, and even outstanding warrants are placed under your name. This can ruin your chances of getting a job, passing a background check, or renting an apartment.

Clearing your name requires more than just calling the police station and telling them they made a mistake. You must go through a formal legal process to prove you are not the person who was arrested. The law in West Virginia provides a specific pathway to fix this nightmare, but the court procedures can be highly confusing. By hiring a local criminal defense attorney from our directory, you can effectively navigate the court system, clear your background check, and restore your good name.

Step-by-Step Process in West Virginia

To remove a false arrest from your record, you must obtain a formal court order declaring your innocence. Here is how the process generally works.

Step 1: Gathering Evidence of Factual Innocence

The burden is on you to prove that you were not the person arrested. The most powerful piece of evidence is fingerprint comparison. When the imposter was booked at the police station, their fingerprints and booking photo (mugshot) were taken. Your attorney will help you schedule a fingerprinting session with the West Virginia State Police, South Charleston or a local sheriff's department. A fingerprint expert can then officially confirm that your fingerprints do not match the fingerprints of the person who was actually arrested. Other helpful evidence includes timecards showing you were at work during the time of the arrest, or passport stamps proving you were out of the state.

Step 2: Dismissing Charges and Petitioning under W. Va. Code § 61-11-25

Once you have compiled proof of mistaken identity, your attorney will first move to dismiss the charges (or secure an entry of nolle prosequi) before the court where the false charges originated, such as the Kanawha County Circuit Court, Charleston or the Monongalia County Circuit Court, Morgantown. After the fraudulent charges are formally dismissed, your lawyer will file a petition for expungement pursuant to W. Va. Code § 61-11-25. This statute provides the legal framework to permanently seal and clear false arrest records resulting from mistaken identity or criminal impersonation.

Step 3: Attending the Court Hearing

You and your attorney will attend a hearing before the judge if required. The local prosecutor will be present, but in clear cases of criminal identity theft supported by fingerprint analysis, they rarely object once the evidence is reviewed. Upon confirming the impersonation, the court will enter an official order dismissing the action with prejudice and granting the expungement of all associated arrest records.

Step 4: Expunging the False Record

The final step is making sure the false arrest is erased from state and federal databases. With the dismissal order in hand, your attorney will file for expungement using official forms such as Form SCA-C903, West Virginia, Supreme Court of Appeals, Motion for Expungement of Criminal Records Due to Acquittal or Dismissal for Reasons Other Than Entry of a Plea. The court will order the West Virginia Criminal Identification Bureau and the arresting agency to completely destroy or seal the false arrest records connected to your name.

Handling Specific Types of Criminal Identity Theft

Different types of crimes require slightly different approaches to clear your name.

Fraudulent DUI Charges

If an imposter gets pulled over for drunk driving and presents your stolen identification, you could face fraudulent DUI charges. Under current West Virginia law following the elimination of the Office of Administrative Hearings (OAH), license revocations for DUI are determined directly by the court through criminal proceedings rather than through automatic pre-trial administrative suspensions. Your defense attorney must promptly appear before the trial court to establish mistaken identity and prevent a wrongful criminal conviction that would trigger a mandatory driver's license revocation by the West Virginia Division of Motor Vehicles.

Traffic Ticket Fraud

Sometimes, an imposter is not arrested but merely issued a citation (a traffic ticket) in your name. When they inevitably fail to pay the fine or show up to court, a bench warrant is issued for your arrest. If you discover a bench warrant in your name for a traffic ticket you never received, your lawyer will need to file a motion to recall the warrant at the local magistrate court, such as the Cabell County Magistrate Court, Huntington, before you can safely argue your identity theft case.

Outstanding Warrants in Your Name

If you have an active, outstanding warrant because an imposter used your name for a serious felony, you are at risk of being arrested at any moment-even during a routine traffic stop. You should never walk into a police station alone to 'clear things up,' as the officers are legally required to arrest you on the spot. An attorney can arrange a safe, scheduled surrender or file an emergency motion to quash the warrant based on mistaken identity before you are taken into custody.

How Much Does it Cost in West Virginia?

Clearing a false criminal record involves specific legal expenses:

• Attorney Fees: Most criminal defense lawyers charge a flat fee to handle an identity theft expungement, generally ranging from $1,500 to $3,500, depending on the complexity of the case.
• Court Filing Fees: $0. Under W. Va. Code § 61-11-25(g), West Virginia law strictly prohibits charging any filing fees or court costs to petition for the expungement of dismissed charges or acquittals.
• Fingerprinting Fees: Getting official fingerprinting done through the State Police or a local vendor usually costs between $20 and $50.

How Long Does the Process Take?

Obtaining a finding of factual innocence and recalling a warrant can often be accomplished quickly, usually within 2 to 6 weeks, especially if there is an active threat of you being arrested. However, the final expungement process-where state agencies physically remove the data from the background check systems-can take an additional 3 to 6 months to fully process.

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Frequently Asked Questions (FAQ)