What Happens if Someone Commits a Crime with Your Name and ID?
Identity theft is often thought of as a financial crime involving credit cards or fraudulent loans. In reality, one of the most damaging and least understood forms of identity theft occurs when a stolen or misused ID is used during criminal activity. In these cases, innocent people can find themselves tied to crimes they did not commit, facing warrants, court appearances, and long legal battles to clear their names.
How Does Criminal Identity Theft Occur?
Criminal identity misuse most often occurs during routine encounters with law enforcement or during low level criminal investigations. When someone is stopped for a traffic violation, questioned during a theft investigation, or detained briefly, they may present an ID that does not belong to them. That ID could be stolen, borrowed, altered, or entirely fraudulent.
In many cases, officers rely on the identification presented at the scene to complete reports, issue citations, or file charges. If the person provides another individual’s name and identifying information, the legal system may proceed under the assumption that the ID holder is the offender. We have frequently had clients come to us who have discovered that someone else used their ID to identify someone else during a police encounter.
This type of identity theft often goes unnoticed at first. The victim may not learn about it until months or even years later, when a background check, traffic stop, or routine records search reveals a criminal record that does not belong to them.
The Consequences for Criminal Identity Theft Victims
The consequences of criminal identity theft can be severe and deeply disruptive. Victims may discover active arrest warrants, unpaid fines, or pending court cases in jurisdictions they have never visited. In one case our team managed, we were contacted by an individual who lived out of state and suddenly learned they are wanted in Ohio for crimes committed by someone else. They lived in Montana and had never even been to Columbus, yet a warrant existed in their name. They had accidentally left their wallet on an airplane a few years earlier which explained how someone else was able to obtain and use their identification.
These situations can lead to serious complications. Victims may be detained during traffic stops, denied employment, rejected for housing, or prevented from renewing professional licenses. Even international travel can become risky if a warrant appears during a records check. The emotional toll is often just as significant, as people are forced to prove their innocence against crimes they never knew existed.
Why Fixing Criminal Identity Theft is So Difficult
Clearing a criminal identity theft case is far more complex than disputing a fraudulent credit card charge. There is no single office or form that resolves the problem. Instead, victims must navigate multiple layers of the justice system, often across different agencies and jurisdictions.
The process typically requires coordination with law enforcement detectives, court clerks, prosecutors, and sometimes judges. Victims may need to provide fingerprints, affidavits, proof of residence, employment records, or travel documentation to establish that they could not have been the person involved. Resolving these cases means going through the whole process to prove it wasn’t you, which can take months or longer.
In many instances, attorneys are required to get the attention of the correct department or to reopen a case that has already resulted in a warrant. Even when everyone involved agrees that a mistake was made, correcting official records can be slow and frustrating.
The Importance of Early Detection and Legal Help with Criminal Identity Theft Cases
Because criminal identity theft often remains hidden until a warrant or charge surfaces, early detection is difficult. Regular background checks, careful monitoring of mail from courts or government agencies, and prompt action when something seems wrong can help limit the damage.
Once discovered, legal assistance is often essential. An experienced attorney can identify where the false identification entered the system, contact the appropriate authorities, and guide the victim through the documentation needed to clear their name. Without that help, many people struggle to even determine where to begin. If you are facing criminal charges in Ohio due to identity theft contact the Joslyn Law Firm for a free case consultation.
