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North Carolina Department of Justice
North Carolina Department of Justice
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Criminal ID Theft

Criminal identity theft can occur when a criminal, during an investigation or when arrested, gives your name and information to law enforcement instead of his or her own. Victims of criminal identity theft sometimes get arrested or convicted for crimes someone else committed using their name. 
 
Worthless Check Charges
 
If you have worthless check charges against you because of an identity thief, notify the bank. Close the account to prevent future drafts from it and watch for any drafts that aren’t yours.
 
File a police reportSend a copy of the police report to each business that received a worthless check in your name.
 
Place a fraud alert on your credit report with one of the credit bureaus:
 

 

Review your credit report and notify the credit bureaus of any fraudulent activity in writing.

 

Talk with the Assistant District Attorney that is assigned to your worthless check case. You may have to submit to a signature comparison and go to court and defend the charges. You may also want to consult a private attorney.

 

Traffic Court: Failure to Appear

 

When an identity thief gets a traffic ticket, the thief may give his or her victim’s information to police. If the thief fails to appear in court, the victim is the one who gets in trouble.

 

Discuss your situation with the Assistant District Attorney that is assigned to traffic court in that county. Keep in mind that assistant DAs generally cannot dismiss a charge based on a telephone call.

 

Contact the charging officer. You may need to schedule a time to meet with the officer to prove that you were not the person charged.

 

You may have to attend court to defend the traffic ticket. The failure to appear charge should be dismissed once you show up for court.

 

You may want to consult a private attorney.

 

Traffic Court: Guilty Pleas

 

What should you do if the ID thief pleads guilty in your name?

 

  • Discuss your situation with the Assistant District Attorney assigned to traffic court in that county.

     

  • Some courts require that you file a Motion to Set Aside Judgment or Motion for Appropriate Relief where the perpetrator has plead guilty.

     

  • You may be required to go to court to prove that you were not the person charged. 

     

  • You may want to consult a private attorney. 

 

Other Criminal Charges

 

Contact the charging officer. Schedule a time to meet with the officer to prove that you were not the person charged. If you don’t live nearby, ask law enforcement in your area to take your picture and fingerprints and send them to the charging officer or Assistant District Attorney.

 

The officer or the Assistant District Attorney should investigate the matter and let you know if the charges or conviction will be dismissed. They may request additional information and documents.

 

If the charges aren’t dropped, you may have to go to court and defend the charge or have a guilty charge set aside. It’s best to consult a private attorney.

 

Expungement

 

If you’re a victim of criminal identity theft whose charges were dismissed, or if you were found not guilty or your conviction was set aside, you may apply to have those charges or convictions removed from your record or expunged.