ID Theft Victims

Clearing a False Identity Criminal Record

If your identity has been used by another in the commission of a crime, you may have a criminal record and an arrest warrant may have been issued in your name.  Under section 16-5-103, C.R.S., a Motion may be filed with the Court to determine factual innocence for a person whose identifying information has been mistakenly associated with an arrest, summons, summons and complaint, felony complaint, information, indictment, or conviction--a means for an identity theft victim to clear his or her record of wrongful criminal charges.  The process requires the victim to petition the court for a finding of “Factual Innocence.” 

If you are the victim of identity theft and your identity has been used in the commission of a crime, contact the District Attorney’s Office in the jurisdiction where charges have been filed and ask to speak to the prosecutor who has been assigned to the case.  To learn more about this process and to obtain copies of the judicial forms needed to petition the court, go to:

www.courts.state.co.us Colorado Judicial Branch/Self Help Forms/All Court Forms and Instructions/Identity Theft 

or directly to: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=36