Identity theft happens when someone uses information about you without your permission. They can use your information to steal money from your bank account or get a credit card in your name. They might also commit a crime using your name, which could go on your criminal record.
What does the law Identity Theft 2C:52-32.1 say?
Identity Theft 2C:52-32.1 states the following:
If you reasonably believe you are the victim of identity theft based on the commission of an offense under 2C:21-2.1 (false government documents), 2C:21-17 (impersonation, theft of identity) or 2C:21-17.2 (use of personal identifying information of another) or 2C:21-17.3 (trafficking in personal identifying information pertaining to another person) you may petition the court for a judicial determination of factual innocence.
Who can get help through Identity Theft 2C:52-32.1?
You may be eligible for expungement through this law if any of the following apply:
Evidence can include any of the following:
If a charge is pending, the prosecutor can make the application for a determination of factual innocence on your behalf.
How do I start my application for expungement?
There is no fee for this type of expungement and you do not need to file a traditional expungement petition. You may not even have to go to a hearing. You should speak with a lawyer if possible for guidance on making this application. If you need legal advice, you may contact the LSNJLAWSM Hotline online or call 1-888-LSNJ-LAW (1-888-576-5529).
This information last reviewed: Mar 14, 2023