In 2019, 14.4 million U.S. residents experienced identity theft – roughly 1 in 15 people. Last year, Illinois ranked 13th in the number of reported identity theft cases -- 182 per 100,000 residents.

While most identity theft victims experience financial losses or damage to their credit history, other I.D. victims will discover -- usually by accident -- that their personal information (name/birthdate) was used by someone else when arrested.

When I.D. Theft Makes You a Criminal

Whether the culprit is a friend, family member, or stranger, when someone uses your personal information as an alias, the consequences can be devastating: a lost job opportunity, being denied a liquor license. What makes this type of identity theft so insidious is that one often doesn’t discover it until undergoing a criminal background check.

Several years ago, I attended an expungement/sealing objection hearing. While there I overheard arguments relating to a petition to seal that caught my attention.

The petitioner, a woman, worked as a nurse. Whenever she applied for work a handful of retail theft cases would appear on her background report. The woman explained that she had not committed any of the crimes; rather, a former high school friend had used her personal information repeatedly when arrested.

I can’t recall why the State objected to the woman’s petition. Without explanation, the judge denied the woman’s petition. At the time, I suspected the woman’s petition was denied because her attorney should have filed a petition for identity theft.

Petitioning for Identity Theft

Fortunately, you don’t need to know who used your personal information to file a petition for identity theft. If granted, all your personal information will be removed from the criminal case record.

The first step to petitioning for identity theft is to go to your local police department and request “Access and Review.” In layperson’s terms, Access and Review is the process by which you are fingerprinted to obtain your criminal history report from the Illinois State Police (ISP). Of course, this assumes that the criminal case(s) in question occurred in Illinois.

Most police departments charge an administrative fee to do Access & Review -- $12 to $18. Due to COVID, many local police departments have suspended or limited Access & Review services. It is best to call ahead.

If you’ve never been arrested, the ISP report will state that no information was found. Even if you have a criminal background, the case(s) in question will not appear on your criminal history report because only cases associated with your fingerprints will be included.

In most instances, a copy of your ISP criminal history report will be adequate proof that your identity was stolen and used in connection with the identified criminal case(s). Certainly, if you uncover the true identity of the perpetrator, you can include that proof with your petition.

In conclusion, if you discover that your personal information has been used to create an alias for another (in a criminal case), doing nothing won’t solve the problem.

The only way to remove your name and other personal identifying information from a criminal case record is to petition for identity theft.