Legal Question in Criminal Law in Texas

Theft by relative using my DL# & SSN
My brother committed a $100 theft at a local big box retailer in 2008. He was arrested, but he had used my DL to identify himself, along with my Social Security Card. Since we bear a resemblence, it was relatively easy for him to pull this off. If he had used his REAL identity it would been much worse for him because of his criminal history. He used my ID without my knowledge. Unfortunately, now as I am looking for a job, the arrest is showing on a criminal background check (eventhough it was dismissed). I am looking for some advice as to what legal tools are at my disposal to prove it was not me until the record can be sealed or expunged.

Asked on 7/01/09, 4:57 pm

2 Answers from Attorneys

TC Langford Langford Law Office

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Re: Theft by relative using my DL# & SSN

I agree with Ms. Dunn, but want to add, that when he was arrested, he was fingerprinted; and since he has a criminal history, his prints are in the system. There was no reason for law enforcement to run the prints, since it was a relatively minor crime that was 'solved'. Contact law enforcement, explain your situation, ask that the prints be pulled and compared to establish that you were not the defendant in the case.

Answered on 7/02/09, 7:35 am

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