IDENTITY THEFT

Dallas Criminal Lawyer

Dallas Criminal Lawyer | Fort Worth Criminal Lawyer 

There are three major types of expunctions:

Acquittals & Pardons
Dismissals & No Bills
Identity Thefts

Identity theft is a growing problem in Texas, and the law has changed to accommodate the victims. Under Article 55.01(d), a person may have all his identifying information expunged from an arrest record if:

The information was falsely given by the arrested person without consent, and
The only reason the information is in the record is that the arrested person falsely gave that information.
Unlike most expunctions, subsection (d) only provides for expunction of the personal identifying information from the arrest records. This includes such information as the person’s name, date of birth, address, driver’s license number, and social security number. The arrest record itself and al other information about the crime could remain. Thus an agency responding to an expunction order under subsection (d) does not destroy its records or return them to the district clerk, as in a typical expunction, but merely deletes or replaces the identifying information.

Furthermore, the second provision of subsection (d) requires that the only reason for the information being contained in the records is that it was falsely given by the arrested person as his own information. This subsection does not cover a situation of wrongful arrest. If the arrested person seeking the expunction is the same person who was actually arrested, even if some mistake led to the arrest, subsection (d) does not apply. Only the false use of another’s information by the arrested person is covered.

Filing Requirements

Filing for identity theft expunction under subsection (d) is very different from petitioning for any other type of expunction. Other types of expunction petitions are handled together in the statute, but identity theft expunctions have their own section. Article 55.02, Section 2A deals exclusively with identity theft expunctions.

A petition for identity theft expunctions may be filed in the country in which the petitioner resides, regardless of where the offense or arrest occurred. It must be verified and include all the same identifying information as other expunctions contain.

A petition for identity theft expunction must also include the petitioner’s authenticated fingerprint records, and a statement that he was not the person arrested and did not give consent for the arrested person to use his information. After all of the required information is submitted to the attorney representing the State, the responsibility shifts from the petitioner and to the State.