Criminal Identity Theft

What is Criminal Identity Theft?
Criminal identity theft is when someone pretends to be you when they are arrested or convicted. They could use your name or just your ID. This is different from financial identity theft. Examples of financial identity theft include someone:

• Using your credit card without your permission to steal money,
• Using your bank account to commit fraud.

If someone commits a crime using your ID, the criminal record could be under your name. That can cause problems, but there are ways to tell if it happened to you. Some things you may notice if you have been a victim of criminal identity theft: 

• Repeated and unexplained rejections by employers, landlords, or lenders 
• Background checks from an employer or landlord with criminal records that do not belong to you
• Getting notices of arrest warrants or court dates about crimes you did not commit
• Getting collection notices about restitution or unpaid fines for cases that you do not recognize
• Having your driver’s license suspended or revoked due to traffic violations that you did not commit

If you think you are a victim of identity theft, including criminal identity theft, report it to your local police station. Be sure to save a copy of the report for your records.

Asking the court to correct or seal a record due to identity theft.

If you are a victim of criminal identity theft and want to erase crimes that were committed by someone using your identity, you can ask the court to correct and seal the record. You will need the following information:   

• Arrest or case number that contains the false information, 
• Date of arrest, 
• The agency or police department that made the arrest,
• Charge (or type of offense) the person was arrested for, and
• Any documents or information that proves your identity was stolen, such as:  
  • A copy of the police report you filed, and/or

  • Proof of your whereabouts during the time of the crime, such as a witness affidavit, receipts, or timesheets from work.

What forms do I use?
There are currently no statewide forms to ask the court to correct and seal/expunge a record due to identity theft.

If the criminal record is from Cook County, you can use the following forms: 

• Petition for Correction and Sealing of an Arrest and Conviction Record due to Identity Theft 
• Supplement to Identity Theft Petition (for additional arrests or cases in Cook County) 
• Criminal Identity Theft Order

If the criminal record is from outside Cook County, contact the circuit court clerk where the arrest happened to ask if they have forms you can use. You can also check the circuit clerk’s website. If no other forms are available, consider using the Cook County forms above as an example and create your own forms.

Where do I file?
File your paperwork in the county where the arrest happened. Electronic filing, or e-filing, is required when filing documents with the court. You can file paper forms if you qualify for an exemption. Learn if you are exempt from e-filing.

Is there a fee to file?
Maybe. Most court filings require a fee. Contact the circuit court clerk to check if there is a fee to file your Petition. If you cannot pay the fee, you can ask the court to waive your fees. 

Illinois Legal Aid Online provides a guided interview called an Easy Form that will help you fill out the forms. The Easy Form asks you questions and completes the necessary forms with your answers. It is free to use.