Houston, TX asked in Criminal Law for Oklahoma

Q: Someone used my name in a Burglary. It definitely wasn't me.. how can I clear this up

there were two suspects. One already plead guilty and the other was the one that used my name and ssn apparently. There is a warrant for my arrest. From my understanding the person that used my name never showed up to court, I guess. I need help

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1 Lawyer Answer
David A. Cincotta
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Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: If the person was arrested (may be tricky to tell, but if you want me to look to see, contact me directly), then that person was fingerprinted. If that is the case, there is a process to verify that you are not the person and you can receive a letter from OSBI confirming you are not the person same person and the DA's office/Sheriff's Department might (emphasize- might) work with you to help clear it up a bit. That letter might also be of some assistance should you have an encounter with law enforcement so they can confirm you are not the same person before arresting you on the warrant.

The problem is that the individual for whom the warrant was issued has at least once used your name as an alias, and law enforcement does not like to remove a known alias from the record of a wanted individual; however, if they know the real identity of the individual the prosecutor may amend the charge to reflect the correct name (but it may still contain your name as an alias). There is also an expungement provision that may be of some assistance that provides for the court to order the records expunged (at least to the extent they reference your name and social security number), but it would be up to the court and is not a guarantee.

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