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Sister Stole My Identity And Committed A Crime - Now I'm Struggling To Legally Clear My Name

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Hi everyone. Last year my sister apparently committed a crime and was arrested at the scene. When arrested, she told the officers and the booking clerk at the jail that her name and date of birth was mine. She lied and stated she did not have an ID, so she was arrested and booked under my name. Little did she know, her fingerprints were already in this particular county's system, so her real name appeared as well. Now her charges are under both her name and my name! It says my name "also goes by" and then her real name. Insanity! She was arrested in in 2023, and I just discovered this news in October of 2024 when my dad randomly received a court document addressed to me. The charge is listed as also giving fictitious information and failure to identify, but again it is still under my name within the system.

I spoke to the county clerks, and they told me that I would have to file a form called a "Petition For Expunction of Records" and then I would need to stand in front of a judge to explain the situation. I tried to fill out the paperwork to request an expunction, but there is no "other" option for me to explain why I am requesting this expunction on the document. The only options given are 1) the case is no longer pending and did not result in conviction 2) person was acquitted or 3) the state has requested expunction. None of these options apply to my situation, so I can't file the document! I need an option for innocent people! An "other" option to explain such situations; "My sister committed a crime, stole my identity when arrested for a crime that I still have no details about and have nothing to do with at all". I lived in a totally different state when this occurred!

Has anyone experienced something like this before? If so, how did you approach this to get your name cleared? Did you have to also file an expunction record, even though you did not commit the crime? I know the county clerks told me to fill out an expunction form, but it feels like a misdirection, because expunction are for people who actually committed the crime or have been accused. I told them I would even show proof that I lived in a different state, and I would attend my sister's court dates, but they said I HAD to go through the expunction route and see a judge separately. But I cannot, due to the inapplicable paperwork. It's highly frustrating!

Sorry for the long explanation. I can't afford an attorney, I tried to apply for free legal aid for veterans, but I had to be a resident of my county for six months (I just moved). My situation feels weirdly unique, so I'm not getting much help elsewhere. Hopefully someone can lend me some advice. Thank you so much for taking the time to read, and I apologize again for the lengthy post.

TLDR: My sister committed a crime and used my identity when she was arrested, resulting in my name being charged with her crimes under the county criminal record system. The county told me to file an expunction request to clear my name, however the documents are very limited and it does not allow an option for people who are innocent to explain their reason, therefore I cannot file this document. Is there any other way to clear my name from this case and inform the court that I want my name cleared from the criminal records?

submitted by /u/GrapefruitLow9284
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