How to prevent criminal ID theft

How is "criminal identity theft" different from "identity theft"?

Criminal identity theft is a specific type of ID theft. Criminal identity theft is when someone breaks the law and gives imposturous information rather than their own information. What's scary is how common it is for victims of criminal identity theft to not know for weeks, months, or even years that their identity has been hijacked. Some other major types of identity theft are financial identity theft and governmental identity theft.

What exactly is criminal identity theft?

Criminal identity theft occurs when a criminal uses another person's identity to evade the law. This information is given when the criminal gets pulled over, arrested, or investigated. The most common types of fake identification details given are:

Name
Date of birth
Social security number
Driver's license number
Address
Phone number

This information can be given in the form of a false, doctored, or counterfeit Driver's License or ID card. Another possibility is that the criminal simply uses a non-photo ID with a victim's information. Finally, it may be possible that the criminal imposter simply states that they don't have any identification on them, and verbally gives falsified information. Officers will typically document any verbal and visible information available for a suspect with no identity card.

Depending on the violation, the criminal may receive a citation or ticket (in the case of say, a moving violation)-- essentially taking responsibility for the fee and/or court appearance-- but in the victim's name!

Another possible event is that the criminal actually spends time in jail (an overnight on say, a DUI) under a false identity. While they spend the actual time in jail, they don't face the long term consequences (fines, points on driving record, more jail time, etc.) because they've pinned those consequences onto an unknowing victim.

Yet another possibility is that the criminal will show up to the court date, plead guilty in the victim's name (seriously), and then not serve the sentence.

When the ticket is not paid, no one appears for a court date, or no one shows up to serve the prison term, both fees and penalties will increase. A warrant may be issued for the victim's arrest. Depending on the violation, the victim's information may be entered into country, state, or even national database such as the National Crime Information Center (NCIC).

How does the victim find out that their identity has been hijacked?

Frequently, the victim initially won't find out about their identity being stolen until a police officer runs their plate number and pulls them over. At this time, because of the warrant, they may be thrown in jail until everything is resolved.

Another common way they find out is through applying for a job, rental agreement, or another application that requires a background check. There is a long trail of victims that learned of criminal identity theft only by being turned down for jobs for months and months. Ideally, they may be informed that they failed the background check, will be able to get a copy of the report, and then essentially will be able to read their own hijacked background report.

In reality, an applicant lawfully should be told when they are not hired due to a background check. However, employers may see the background check but say they make the negative decision based on other applicant qualities... so they don't have to confront the applicant about their criminal record.

How can I prevent criminal identity theft?

Largely the same way you prevent all identity theft:

1) Get your free copy of your credit report from the three major credit bureaus yearly. These credit bureaus are Transunion, Equifax, and Experian.

Under the FACT Act amendments to the Fair Credit Reporting Act (FCRA) you are entitled to one free credit file disclosure in a 12 month period.

You can receive your reports from all three of the credit bureau websites at www.annualcreditreport.com. They can also be contacted by phone at 1-877-322-8228 and by mail at:

Annual Credit Report Request Service
P.O. Box 105281
Atlanta, GA 30348-5281

2) Obtain a copy of your driver's record from your local DMV. A directory of state DMV's is available at: www.aamva.org. From the state level, you can find your local DMV.

3) Get a copy of your Personal Earnings and Benefits Estimate Statement from the Social Security Administration. How to obtain this information can be found at the Social Security Administration website and Privacy Rights.

4) Run a background check on yourself to obtain your criminal records. This is perhaps the most important step of all, otherwise you won't know what appears on your record.

5) There are many good habits that prevent your information from being spread. A lot of them are quick tasks you can routinely perform:

Keep your check books and credit cards in a safe place (not all in your wallet/purse or one place)
Shred your mail with a confetti shredder to prevent "dumpster diving"
Use secure computer habits by running and updating anti-virus and anti-spyware software on your computer
Use secure internet habits by watching out for scams, phishing, spam, etc.
Use strong password protection on everything
Do not use the same password for all your accounts!
Be careful not to give too much information to strangers when online or when purchasing something. Many data harvesters and scammers sift through online message boards for your information
Opt out of as many national data brokers as possible to limit the amount of people with your information
Cancel all cards and report stolen or lost wallets. I would personally put a "fraud alert " out if my wallet was lost or stolen

Another great summary can be found at Privacy Rights.

Who commits criminal identity theft?

For criminal identity theft, a large fraction of offenses are perpetrated by people who know the victim. Think about it-- the people who know you are the ones who have access to your most important personal details... as well as the ones who might actually have the information memorized. It's more common that you think.

Imagine your alcoholic brother, who after one more DUI will get his license revoked. When getting pulled over for intoxication, isn't it possible that he might give the first identity he can think of-- as long as it's not his own?

Or perhaps one of your roommates, office co-workers, or "friends" will be the responsible party... you just never know.

What can I do if criminal identity theft has happened to me?

If you're the victim of criminal identity theft, then you've got quite a task ahead. We'll help you through it.

Visit your local police department. Report as soon as possible that you are victim of criminal identity theft.
File a detailed report that includes the confirmation of your identity (that means copies of photo IDs, fingerprints, photograph).
If there is a discrepancy in photos or fingerprints between the criminal and yourself (in the case they have a mug shot or fingerprints), the law agency should negate warrants and create a "clearance letter" or release of some sort. If there are no mug shots or fingerprints, they can compare signatures. You need to keep this letter with you for the indefinite future (should they try to arrest you again).
Try to get the law enforcement agency to change every fraudulent charge on your record to the criminal's name or "John Doe." This is the reason why your "clearance letter" is so important (in case they don't remove all of your offenses from all databases).
You need to contact the court system in your state. Your local law agency will likely have the necessary contact information. Your goal in contacting the court is to establish that you are innocent based on the previous law agency investigation and confirm that all arrest records, warrants, and court records are changed to the criminal's information.
The court will then write you another written verification of innocence that you must also carry with you. The reason behind this is that your name will now and in the future be an alias of the criminal who stole your identity.
Next, contact the Department of Motor Vehicles (DMV) if your driver's license or license plate number has been used in anyway by the criminal. A directory of DMVs is available at www.aamva.org. View your driver record and make certain there aren't fraudulent violations on it. Put a "fraud flag" on your license record if you think it is in danger.
There are many background check data brokers that have your information (if you found out about your criminal identity theft through a potential employer, then the data broker is the company that they did the background check through). There are numerous brokers that you'll need to contact.
The Federal Trade Commission monitors ID theft. You'll have to file a report with them. Also, here is their resource sheet for victims of identity theft: ID theft resource sheet.
If possible, hire an attorney. They will save you time and frustration... and will make sure the process is done effectively.
One final very important note: document and make copies of ALL your interactions with police, courts, and staff. This includes time, date, names, titles, and content (word-for-word if possible). Particularly be sure to make copies of all your "clearance letters" and keep at least one copy in a safe spot.

How do I request a "fraud alert" be placed on my file?

From www.annualcreditreport.com

You have the right to ask that nationwide consumer credit reporting companies place "fraud alerts" in your file to let potential creditors and others know that you may be a victim of identity theft. A fraud alert can make it more difficult for someone to get credit in your name because it tells creditors to follow certain procedures to protect you. It also may delay your ability to obtain credit. You may place a fraud alert in your file by calling just one of the three nationwide consumer credit reporting companies. As soon as that agency processes your fraud alert, it will notify the other two, which then also must place fraud alerts in your file.

Equifax: 1-877-576-5734; www.equifax.com
Experian: 1-888-397-3742; www.experian.com/fraud
TransUnion: 1-800-680-7289; www.transunion.com

An initial fraud alert stays in your file for at least 90 days. An extended alert stays in your file for seven years. To place either of these alerts, a consumer credit reporting company will require you to provide appropriate proof of your identity, which may include your Social Security number. If you ask for an extended alert, you will have to provide an identity theft report.

An identity theft report includes a copy of a report you have filed with a federal, state, or local law enforcement agency. For more detailed information about the identity theft report, visit www.consumer.gov/idtheft.

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