What to do if someone who was arrested used your SSN?
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What to do if someone who was arrested used your SSN?
My husbands SSN was used by another person when they were arrested in both NY and NJ. This resulted in multiple convictions against my husband in both states. He has previously hired an attorney and thought the matter was taken care of. Recently he ran a background check on himself and the wrongful information is still showing. Since this originally happened he has struggled to find any employment and is unable to obtain his driver’s license. He has considered filing a suit against both states, but we have no idea where to start and do not have any money to hire an attorney again.
Asked on June 6, 2011 under Criminal Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
On what grounds would you sue the states? The states were doing their "job"--i.e. enforcing the laws, arresting and prosecuting criminals, etc.--and it just happens that the criminal in question used your husband's social security number or SSN. The states didn't do anything wrong; it was the criminal who did.
You do have a right to correct incorrect information, in both official records and in credit reports. You need to contact the states, credit reporting agencies, etc. and, in writing, provide them both an explanation and evidence (e.g. the arrest report of the actual bad guy, showing that other than the SSN which he used, it's clearly not your husband) and ask them to change the incorrect information.
This is an unfair and bad situation, but again, the states did nothing wrong in going after a criminal who happened to be using false information. From what you write, there are no grounds for holding the states liable.
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