Who is eligible for a finding of factual innocence for identity theft?
The specifics will vary from state to state, but generally anyone who is wrongfully implicated in a crime by someone's using their identity, will be eligible for this relief. For example, if someone commits a robbery and when arrested gives the police your name, date of birth and address, or uses your data in the course of obtaining credit, services, or goods fraudulently, you could petition the court to find you factually innocent. Generally, this requires having the police investigate and to identify and charge the real culprit.
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