All too often, a criminal defendant provides law enforcement with an incorrect name, date of birth, and other identifying information when being investigated, arrested, and charged with a crime. Subsequently, the case can be charged and filed under the innocent person’s identity and this innocent person can, under certain circumstances, wrongfully be arrested on a bench warrant for the case. More common, the innocent person later discovers that the criminal conviction for the defendant has wrongfully been attributed to his or her criminal history record. This criminal conviction can cause prejudice when the person applies for employment, housing, and, especially, for non-citizens attempting to adjust status.
Correcting the record under these circumstances can often prove difficult and time-consuming. Oftentimes, the court file has been destroyed and obtaining records relating to the underlying criminal conviction can be near impossible. Successfully obtaining information to correct the record requires investigation and communication with the arresting agency, the prosecuting agency, and the court.
In order to successfully correct the record, the innocent person must be able to prove that he or she is not the defendant convicted of the underlying offense. Generally, the person must first file a motion with the court requesting a hearing to establish that he or she is not the defendant in the court matter. The court will require evidence showing that the person is not the defendant - for example, a booking photo, proof of location on the date of the conviction, or signature verification. If the court is convinced that the person has met the standard showing that “no reasonable cause exists to believe” the person is the defendant in the criminal case, then the court can issue a “wrong person” declaration and order the Department of Justice to correct the record.
Obtaining the court proof is only the first step to correcting the record. Next, the person must follow-up with the Department of Justice or other agency containing the incorrect record and confirm that the record has been properly updated. If it has not, the person may need to return to the court and request that the correction record be re-sent to the Department of Justice.
Correcting a “Wrong Identity” record can be an arduous process that often requires the assistance of a qualified and experienced attorney. The attorneys at Escovar Law, APC are well-versed in the procedures required to correct a person’s record successfully. Call now for a free telephonic consultation at 626.577.7700!
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