What is criminal identity theft?

Definition

Criminal identity theft is when someone gives your name and personal details to police when they are stopped or arrested, so the criminal record ends up in your name.

Full glossary
Category
Identity
Also called
criminal identity fraud, criminal impersonation
Last updated

The FTC lists "pretend to be you if they're arrested" among the things an identity thief can do with your information, next to opening accounts or filing taxes in your name. That is criminal identity theft: the thief uses your identity not to get money but to avoid being identified.

It usually starts with the thief having your name, date of birth and other details, from a breach, a stolen wallet or documents, or a profile that lists them. When police stop or arrest them, they give your details instead of their own. The record, charge or missed court date is then linked to you.

You often find out in a bad way. An FTC consumer alert notes that law enforcement might stop you because someone committed a crime using your identity. Other signs are a background check that shows crimes you did not commit, a court summons for something you know nothing about, or a job or housing application refused over a record that is not yours.

Why it is harder to fix

Credit card fraud can be disputed with a bank in a phone call. A criminal record sits with police and courts, so clearing it means proving that you are not the person in the file. That can take time, paperwork and sometimes legal help.

  • Identity theft is the broad term for using your personal information without permission, including for money.
  • Financial identity theft is about accounts, loans and credit.
  • Impersonation scams are when someone pretends to be you or an authority in order to trick a third party into acting.

How to protect yourself

  1. 1

    Report it to the FTC

    Go to IdentityTheft.gov to file a report. The FTC says an Identity Theft Report is made by filing the FTC affidavit and then taking it to your local police, or the police where the theft happened, to file a police report.

  2. 2

    Contact the police or court involved

    Ask what proof they need that you are not the person named. Keep copies of everything you send and receive.

  3. 3

    Ask for your records

    The FTC notes that getting records tied to the theft can help you, or law enforcement, identify the thief. Request them from the businesses or agencies involved.

  4. 4

    Protect the documents that identify you

    Keep your ID, Social Security number and date of birth off places they are not needed, and shred paperwork that has them.

  5. 5

    Cut down where your details are listed

    Serus finds where your address, phone number and other details are listed on people-search sites and removes them, which leaves less for a thief to pick up.

Serus

See where your personal data is exposed

Serus finds it on data brokers and people-search sites and removes it.

Run a free scan

Frequently asked

How do I know if someone used my name when arrested?

Common signs are a court summons you do not recognize, a background check showing crimes you did not commit, or being stopped by law enforcement over a record that is not yours.

Is criminal identity theft common?

There is no figure we can cite here. The FTC lists it as one of the ways a thief can misuse your information.

What should I do first if my identity was used in a crime?

Report it at IdentityTheft.gov, file a police report, and contact the police department or court that holds the record to start correcting it.

Sources

Something wrong or out of date? Tell us and we'll re-check it.

Related terms

Full glossary

Cookie preferences

Choose which categories we may use. Full details for every cookie are in our Cookie Policy.

Strictly necessary

Authentication, session management, security and fraud prevention, and saving your consent choice. Always active. The site cannot function without them.

Functional

Remember preferences such as language and settings that improve your experience.

Analytics

Help us understand how the site is used, like pages visited, interactions, and performance, so we can improve it.

Marketing & advertising

Measure our marketing and deliver more relevant ads through partners such as Google, Meta, TikTok, X, and Reddit. Used only with your consent.

Your choice is saved for 12 months and applies across serus.ai, including the app. You can change it anytime from the cookie widget or the "Cookie settings" link in the footer. Withdrawing consent does not affect processing that happened before withdrawal.