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Identity theft is one of the fastest growing crimes in America. Victims come from all walks of life – from everyday people to well-known celebrities. It is a felony in California to use the personal identifying information of another person without the authorization of that person for any unlawful purpose including to obtain credit, goods, services, or medical information (Penal Code section 530.5 et. seq.).
According to the California Office of Privacy Protection, there were more than 8.1 million victims of Identity Theft in the United States in 2010, and more than one million of those victims were Californians. A U.S. Federal Trade Commission report states that for every 100,000 people in California, there were 114 complaints from victims of identity theft that year. Only Florida, Texas, and Arizona had more victims of identity theft complaints per capita than California in 2010.
The largest metropolitan areas in California have the most complaints of Identity Theft, in order: the Los Angeles-Long Beach-Orange County area; the Inland Empire (Riverside-San Bernardino-Ontario); San Francisco; San Diego; Sacramento; and San Jose. According to the U.S. Federal Trade Commission’s Consumer Sentinel Network Data Book, 2010, http://www.ftc.gov/sentinel/reports/sentinel-annual-reports/sentinel-cy2010.pdf, these eight other California Metropolitan areas rank in the Top 25 in the United States for Identity Theft complaints per capita: Madera; Merced; Bakersfield; Visalia-Porterville; El Centro; Vallejo-Fairfield; Fresno; and Stockton.
There are two types of Identity Theft victims: those whose personal information has been used by others to purchase goods or services, and those whose identities have been inaccurately associated with a criminal record.
If your credit history contains inaccurate information or if you have been denied credit opportunities due to purchases that you did not make, select “Tips for Victims” from the Identity Theft menu.
If you, your identity has been mistakenly associated with a record of a crime, select “ID Theft Registry” from the Identity Theft menu.
California requires businesses and government agencies to notify consumers if hackers gain entry to computers that contain unencrypted personal information such as credit card numbers, pass codes needed for use of personal accounts, Social Security numbers or driver's license numbers. Under the state law (Civil Code sections 1798.29 and 1798.82), notices must be given immediately following discovery of the privacy breach unless a law enforcement agency determines the notice would impede a criminal investigation. Any customer injured by a violation of the law may file civil suit to recover damages.
The Attorney General administers the statewide Identity Theft Registry to assist identity theft victims who are wrongfully identified as criminals. California also operates five regional Hi-Tech Crimes Task Forces charged with investigating and prosecuting identity theft.
Through the California Identity Theft database, law enforcement and anyone else designated by the victim can have quick official confirmation that the criminal history in question does not belong to the victim. Select “Registry Application Process” from the ID Theft menu, or see "California Identity Theft Registry” on this page for more information.
The U.S. Department of Veterans Affairs recently reported ID theft concerns stemming from the loss of electronic data containing information on 26.5 million veterans. The names, Social Security numbers and birth dates of anyone who served in the armed forces and has been discharged since 1976 may have been in the stolen data. For more information go to US Department of Veterans Affairs http://www.va.gov.
The California Identity Theft Registry is available to help victims of identity theft who are wrongly linked to crimes. The registry provides a centralized place that can be checked by police and other authorized persons to confirm that you are not wanted by law enforcement and that a mistaken criminal history was created in your name.
How you might become a victim of "criminal" identity theft:
If victimized, you may be able to correct the problem by presenting information on your identity theft to the law enforcement agency that requested issuance of the arrest warrant.
Otherwise, you will need to go to court for a finding of factual innocence. You then can apply to have this court finding entered into the California ID Theft Registry.
Consumer Guide: How To Use The California Identity Theft Registry
California Registered Sex Offender Database
Megan's Law information is also available in these languages:
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If you have any questions please contact:Bilingual Services Program at (916) 324-5482
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