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 LSNJLAW^SM Hotline online or call 1-888-LSNJ-LAW (1-888-576-5529). ​

This information last reviewed: Mar 1, 2024