1. What Can an Identity Theft Attorney Do about a False Criminal Record?
An attorney representing an identity theft victim can examine the criminal record, identify where the false information originated, and pursue an appropriate legal remedy. The work differs from defending someone accused of identity theft.
Reviewing Arrest Records and Criminal Charges
California Penal Code §530.5(a) prohibits willfully obtaining and using another person's identifying information without consent for an unlawful purpose.
A suspect may use a stolen name or identification during an arrest or citation. That information can enter official records even though the victim had no involvement in the offense.
An attorney may review police reports, booking information, court filings, and available criminal history records to establish how the mistaken association occurred.
Reporting Identity Theft and Seeking Legal Relief
Under Penal Code §530.6(a), a person who learns or reasonably suspects that someone unlawfully used their identifying information may report the matter to law enforcement where they reside or conduct business.
The agency must take a report, provide a copy, and begin an investigation. It may refer the matter to another jurisdiction if the suspected crime occurred elsewhere.
The legal work may involve a petition for factual innocence, correction of court records, or a separate challenge to an inaccurate consumer report.
Victims dealing with fraudulent financial accounts may also need identity theft protection remedies distinct from criminal record correction.
2. Which Criminal Record Errors Qualify for Legal Relief?
Penal Code §530.6(b) provides an expedited judicial procedure for qualifying identity theft victims whose names have become associated with another person's criminal conduct. Eligibility depends on the underlying criminal proceeding.
Arrests, Citations, Complaints, and Convictions
The statute addresses several forms of criminal identity theft.
| Criminal Record Problem | Issue an Attorney Examines |
|---|---|
| Arrest or citation | Another person used the victim's identity |
| Criminal complaint | Charges against the perpetrator were filed in the victim's name |
| Criminal conviction | Another person was convicted under the victim's identity |
| Misidentified conviction record | The victim's identity was mistakenly associated with another person's conviction |
Arrest or citation
- Issue an Attorney ExaminesAnother person used the victim's identity
Criminal complaint
- Issue an Attorney ExaminesCharges against the perpetrator were filed in the victim's name
Criminal conviction
- Issue an Attorney ExaminesAnother person was convicted under the victim's identity
Misidentified conviction record
- Issue an Attorney ExaminesThe victim's identity was mistakenly associated with another person's conviction
An inaccurate background report alone does not establish eligibility under §530.6(b). The attorney must identify the relevant criminal proceeding and determine whether the records support a statutory ground for relief.
Evidence Establishing Mistaken Identity
Photographs, fingerprints, booking records, and information about the suspect's physical characteristics may distinguish the victim from the person involved in the crime.
Employment records, travel documents, or other reliable evidence showing the victim's location at the time of the incident may also help.
An identity theft report establishes that the victim reported suspected misuse. It does not, by itself, prove that the victim was uninvolved in the specific offense.
The evidence must connect the false identification to the criminal incident and explain why the record identifies the wrong person.
3. How Does an Attorney Petition for a Finding of Factual Innocence?
Under Penal Code §530.6(b), a qualifying victim may petition a court for an expedited judicial determination of factual innocence. The court may also initiate the proceeding on its own motion or upon application by the prosecutor.
Preparing the Petition and Supporting Documents
A petition may rely on declarations, affidavits, police reports, and other relevant, reliable information.
An attorney can organize the submission to establish:
- The criminal case or record associated with the victim's identity.
- How the perpetrator used the identifying information.
- Evidence distinguishing the victim from the perpetrator.
- Why the statutory standard for factual innocence is satisfied.
The court must find the petition meritorious and determine that no reasonable cause exists to believe the victim committed the relevant offense, or that the victim's identity was mistakenly associated with a criminal conviction record.
When the statutory standard is satisfied, the court must issue an order certifying the finding.
San Diego Court Forms and Filing Procedures
The San Diego Superior Court provides Form CRM-187, Petition for Expedited Judicial Finding of Factual Innocence: Identity Theft, and Form CRM-188, which explains the local procedure.
California Judicial Council Form CR-151 provides a statewide petition form, while Form CR-150 serves as the certificate documenting a judicial finding of factual innocence.
An attorney must confirm the appropriate court, applicable filing and service requirements, and whether a hearing is necessary.
When the Identity Theft Victim Was Arrested
A victim who was personally arrested for an offense committed by an identity thief may also need relief under Penal Code §851.8.
That provision establishes a separate procedure for seeking a finding of factual innocence relating to the person's own arrest.
An attorney should examine the arresting agency's records, applicable filing deadlines, and whether an administrative petition, a court petition, or both are necessary.
The procedures have different requirements and should not be treated as interchangeable.
4. How Can an Attorney Address Records after a Court Finding?
A factual innocence order establishes the court's determination concerning the victim's connection to the specified offense. Additional steps may be necessary to address records maintained by courts, law enforcement agencies, or private reporting companies.
Correcting Court Records under Penal Code §530.6(C)
After issuing a factual innocence determination, the court may order the victim's name and associated identifying information in publicly accessible court records, files, and indexes deleted, sealed, or labeled to show that the information was used through impersonation.
This authority does not guarantee correction of every record maintained by another agency or private company.
An attorney may examine the order and identify additional records requiring correction.
A factual innocence determination also differs from ordinary criminal record expungement, which generally addresses relief involving a person's own criminal history.
Applying to the California Identity Theft Registry
A qualifying victim may apply to the California Department of Justice Identity Theft Registry after obtaining the necessary court determination.
The application generally requires documentation of the factual innocence finding and the applicant's fingerprints.
Registration allows specified criminal justice agencies and other authorized parties to verify the person's identity theft victim status through the state system.
The registry is a separate administrative process. A court finding does not automatically complete registration.
Challenging Inaccurate Background Reports
An incorrect criminal history may remain in an employment, housing, or licensing background report even after a court issues an order.
When a consumer reporting agency distributes inaccurate information, the federal Fair Credit Reporting Act may require reasonable accuracy procedures and reinvestigation of a qualifying dispute.
The agency's obligations depend on the report, disputed information, and applicable statutory requirements.
An attorney can assess whether a separate Fair Credit Reporting Act dispute or claim is available.
5. Identity Theft Representation at SJKP LLP
SJKP LLP's attorneys can review criminal records, assess eligibility under California Penal Code §530.6, prepare evidence, and pursue available court remedies for identity theft victims. Representation depends on the records involved and applicable legal requirements.
12 Nov, 2026
