What Is Criminal Identity Theft?

Understanding criminal identity theft

Criminal identity theft is a type of personal identity theft where a criminal uses your identity when arrested for a crime or cited for an offense. In the U.S., an identity is stolen every four seconds, and victims spend an average of $8,000 and 600 hours trying to recover.

For example, someone may get pulled over for a traffic violation and present your name and information. That citation, arrest or warrant could then show up on your record even though you were never there. In some cases, victims don’t find out until years later when they apply for a job, try to rent an apartment or fail a background check.

Unlike financial identity theft, which usually involves stolen credit card numbers or bank account access, criminal identity theft is even more complex, sometimes involving law enforcement and the court system. In other words, while financial identity theft affects your money and credit, criminal identity theft affects your legal record and reputation.

How criminal identity theft occurs

Criminal identity theft typically begins through methods to access your personal data, such as phishing, social engineering, data breaches or document theft. Anything from a stolen wallet to entering sensitive data on a fake website can leave you compromised.

Once a criminal has enough information to pose as you, such as your Social Security number or current address, they may use it during an encounter with law enforcement.

Criminal identity theft: Common methods

Identity thieves use both digital and physical tactics to steal personal information.

Warning signs of criminal identity theft

Criminal identity theft can be hard to detect early, but you can watch for common red flags:

• Being denied a job or housing after a background check
• Receiving court notices or fines for crimes you didn’t commit
• Learning that there is a warrant or citation in your name
• Being contacted by law enforcement about an incident you weren’t involved in

Though criminal records don’t always show up on credit reports, unusual denials or requests for clarification can be a sign that you’ve fallen victim to criminal identity theft. Make sure to check your credit reports regularly by ordering free copies at annualcreditreport.com and watch for anything that looks unfamiliar or doesn’t add up.

» DISCOVER: How to check for identity theft

Steps to take if you're a victim

If you believe you’re a victim of criminal identity theft, take these steps immediately:

1. Gather proof of your identity: Gather any documents that prove your identity, such as your ID, Social Security card and proof of address.
2. File a police report: Contact your local police department and file an identity theft report.
3. Request related records: Request copies of any records tied to the crime committed in your name.
4. Contact the FTC and SSA: File a report with the Federal Trade Commission at IdentityTheft.gov and notify the Social Security Administration if your SSN has been compromised.
5. Contact credit reporting agencies: Contact Experian, Equifax and TransUnion to place a fraud alert or credit freeze on your account.

Legal procedures for clearing your name

The exact legal procedure for clearing your name may look different depending on where you live, but you’ll typically start by working with law enforcement to officially document the identity theft.

Many nonprofit organizations, like the Identity Theft Resource Center, can guide you through paperwork, court filings and communication with law enforcement at little to no cost.

You’ll need to file a police report and provide proof of your identity. You might also have to submit fingerprints so authorities can confirm you aren’t the person connected to the crime.

Then, you may need to request court orders to correct records. These orders can help update law enforcement databases and background check records so the crime is no longer tied to your name.

Going through this process can be overwhelming, especially if it’s your first time dealing with criminal identity theft. However, it’s crucial that you start the process of recovery as soon as possible to prevent long-lasting impacts.

Preventing criminal identity theft

Criminal identity theft can happen to anyone, but there are ways to reduce the risk of you falling victim to it.

• Use unique passwords: Don’t use the same password for all your accounts. Reusing your password could make you vulnerable.
• Turn on two-factor authentication: Two-factor authentication makes it harder for someone else to access your accounts since it requires two different types of proof to verify your identity.
• Check your accounts: Check your bank statements and credit reports regularly so you can catch unauthorized activity before they cause damage.
• Avoid public Wi-Fi: Avoid accessing sensitive accounts on public networks. If you have to, make sure to use a VPN to protect your identity.
• Don’t click on suspicious links: Don’t click links or download attachments from unknown or unexpected emails and messages.
• Protect your credit: Place a fraud alert or freeze your credit so that new accounts can’t be opened in your name.
• Use identity theft protection: Identity theft protection services like LifeLock Advantage can monitor for signs of identity theft and alert you to suspicious activity.

» COMPARE: Best identity theft protection services