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LAW Home > Legal Topics > Criminal Charges and Convictions > Reentry > Expungement

Expungement for Victims of Identity Theft


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:

  • The individual who used your information of the identity theft was arrested for, cited for, or convicted of a crime or offense or violation of law using your identity
  • A complaint for a crime, offense or violation has been filed against the individual who used your information in your name
  • Your identity has been mistakenly associated with a record of conviction

Evidence can include any of the following:

  • Declarations
  • Affidavits
  • Police reports
  • Other material establishing that there is “no reasonable cause” to believe the victim committed the crime, offense or violation

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). ​