Criminal Identity Theft
Criminal ID theft occurs when a stolen identity is being fraudulently used to commit crimes in the name of the original identity victim.
Typically criminals will tend to use a stolen identity by falsely identifying themselves as the owners of the identification.
This type of impersonation is typically used when the criminal commits a minor misdemeanor or traffic infraction.
Identity theft protection can be difficult in these cases because the burden is on you to prove that you’re you and not the criminal.
The criminals show a fraudulent piece of identification such as a forged driver’s license with the number belonging to the victim on it.
The criminal then promises to appear in court, but usually never shows up.
Rarely, there are instances in which the criminal uses a victim’s identification when being indicted for a felony.
However due to advances in the field of biometrics, these incidents are quickly resolved.
In the end, the result of this type of identity theft is usually the victim having a criminal record for crimes they have not committed.
The victim does not become aware of the record until long after the crimes have been committed in their name.
This is typically a result of a warrant for their arrest being released.
The victim is arrested for crimes that they have not committed.
Meanwhile, the real criminal avoids a criminal record as a result of falsely using the identification of another individual.
Recovery from being victimized is a long process that requires paperwork known as Impersonation Reports to be filed on behalf of the victim.
This process may involve changing numbers on sources of identification that may be compromised, such as driver’s license numbers, social security numbers and passport numbers.
Name clearing is the main issue that most victims are faced with as a result of these problems.
If a court or legal jurisdiction is not convinced that the victim is indeed a victim of identity theft, the victim may end up becoming a criminal in the eyes of the law.
Many victims of identity theft seek legal counsel in order to convince courts that they are victims rather than criminals.
Victims typically lose more in identity theft than just their identity, even though the theft may not necessarily be linked to financial fraud.
Companies offering identity theft recovery services:
- Identity Guard: offers 24/7 service and support for identity theft victims, including lost wallet protection.
- LifeLock: credit score repair assistance, recovery assistance for lost items, bank account recovery
- Identity Force: rapid alerts, ongoing monitoring to identify and stop suspicious activity.
Legal fees and fines are not the only type of monetary loss that can be incurred.
Job loss as a result of a criminal record is also a factor that affects those who are victims of criminal identity theft.
If the case is found in the favor of the victim, each state generally has a derivative of a labor law.
This can allow victims to have an equal opportunity as those who have never committed a crime.
The Federal Credit Reporting Act specifically mandates that an identity fraud be recorded on records such as credit reports.
This ensures victims are allowed an equal opportunity to gain jobs and lines of credit that were inaccessible due to criminal records that resulted from the identity theft.
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