Can You Go to Jail If Someone Steals Your Identity? (2024)

Now that you know the different tactics scammers and cybercriminals use to steal their victim's identities, let's discuss what to do if you suspect you're a victim of identity theft.

Report the Incident Immediately

Contact law enforcement immediately if you discover you're a victim of identity theft. This won't necessarily clear your name if the criminal has already committed crimes under your identity. Instead, it's a great place to start in the journey to free yourself from your liability. In most cases, you may be required to file a report confirming that you're a victim of identity theft.

This protects you in the event that the criminal commits a crime under your name. Rather than showing up in court without evidence claiming you didn't do it, these documents will speak on your behalf.

Inform Your Bank

Almost all cases of identity theft are financially motivated. The main reason criminals would want to steal your identity is to access your money or certain services they would otherwise be unable to access with their real identities.

Have Your Fingerprints Taken

If the individual who stole your identity has already been arrested, you may volunteer to have your fingerprints taken. Law enforcement officials will then compare your fingerprints with the alleged criminal's. Eventually, if you had nothing to do with the crime, they'll cross your name off the list of suspects.

Check If You Have Any Warrants

The last thing you want is to be pulled over for a minor traffic violation only to end up in court for a major crime you have no idea about. As ridiculous as it sounds, these cases happen all the time. You may have multiple arrest warrants you're unaware of when someone steals your identity and commits crimes under your name.

The scariest part of it is that these warrants might span across states. Contact your local police enforcement to find out if there are any warrants under your name. While at it, explain to them that you're a victim of identity theft.

It's also important to note that if you have warrants under your name, you may not be able to get rid of them entirely.

For this reason, states like Maryland, Montana, New Mexico, Delaware, Oklahoma, Virginia, and Ohio have set up systems to allow victims of identity theft to obtain an Identity Theft Passport.

What Is an Identity Theft Passport?

Given that it might take a while to clear your name from criminal databases when you're a victim of identity theft, these states provide Identity Theft Passports to help victims prove that they're victims of the crime, not the perpetrators.

Here's an example of a situation that might warrant the need for an Identity Theft Passport.

Let's say someone steals your identity and then commits serious crimes under your name. Then, you get pulled over for a minor traffic violation, and the next thing you know, you're sitting at the back of a police cruiser on your way to the police station for further questioning.

This would happen when the arresting officer runs your actual identity card through the police database and discovers that you have multiple arrest warrants. However, suppose you provided your Identity Theft Passport in such a situation. In that case, the police officer may not have any reason to arrest you for the crimes committed by the individual who stole your identity. That's one great way to escape an unnecessary night in jail.

Check Your Driving Record

If someone stole your identity, they'd likely want to use your driver's license to commit crimes. Lost identity cards are usually sold on the dark web to people who wish to restart their lives under new identities or commit crimes without tainting their actual records.

Contact your local licensing office, request a copy of your driving record, and check if there's anything suspicious in the record. If there's a record you're not aware of, visit the licensing office with a copy of your clearance letter or Identity Theft Passport to clear your name.

Obtain Your Credit Report

One of the main reasons criminals would want to steal your identity is to obtain credit under your name. For this reason, you need to check your most recent credit report with the three major credit reporting agencies — Experian, TransUnion, and Equifax. If there's anything suspicious, report it to these credit bureaus immediately and provide proof that you're a victim of identity theft.

Another thing you need to know is that if a potential employer refuses to hire you based on the information that showed up on your credit report, you have a right to access the report. This gives you a better understanding of the exact reason for the denial. You may be surprised to discover that the reason for denial has nothing to do with you; it may be a result of identity theft.

Can You Go to Jail If Someone Steals Your Identity? (2024)

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