Factual Innocence As A Defense For Identity Theft

If someone has used your name, date of birth, social security number, etc. to obtain credit, services, or goods fraudulently they have committed identity theft. Sometimes, people will give their stolen identity to police when they are arrested and charged with a crime, and you will have to contend with not only any credit implications but you might get a criminal arrest record. Each state is different in how they come to a finding of factual innocence but for the most part, anyone who is wrongly convicted of a crime due to identity theft will be eligible for a finding of factual innocence.

What is Factual Innocence?

Factual Innocence is a term used to declare that a person is, in fact, innocent of a crime even if they have been convicted in a court of law. People often use this term when someone is exonerated of their conviction with the advent of DNA evidence. In the case of identity theft, this word may be helpful as well. The first step, however, is showing you are indeed the victim of identity theft.

Proving Identity Theft Has Occurred

Once you can prove your identity was in fact stolen, the next step is showing that the person who stole your identity was convicted of a crime using your name. You may be able to get a copy of your criminal record, but if not there are often online databases you can use to search. If someone was convicted using your identity, it should be on your record and then you will need to prove that it wasn’t actually you who was convicted. If you aren’t able to prove another person was convicted using your identity, you won’t be able to file for a finding of factual innocence.

Olathe, KS Identity Theft Attorney

In addition to proving the above, in order to get a finding for factual innocence, you will need to follow your jurisdiction’s specific requirements for filings and notice including notifying law enforcement and the district attorney. It may be best to hire an attorney who is able to walk you through the process in clearing your name and reputation. Contact the Morrison Law Firm today to discuss your situation. You can call us at 913-780-6666 or fill out our online contact form and someone will contact you to schedule your free consultation.