How can I erase theft from my background checks? 8 Answers as of November 14, 2011

I am about to move to a different state and my background check at the apartment complex where I was moving to came back with a warrant in California, a Larceny/Shoplifting misdemeanor and contempt. Obviously this is not me but when I looked up the case number, it had my name and birthdate. How would I go about this on trying to clear this up from my background check? This is causing issues on being approved at many of the places where I'm looking to rent.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
There is no way to "erase" such an entry. You would need to contact the Department of Justice and the court where the conviction occurred and attempt to have the entry amended in some manner. It is very unusual that your birthdate would appear as such details are taken from booking records and other reliable sources at the time of one's arrest.
Answer Applies to: California
Replied: 11/14/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
I hope this isn't too old. If the records have been purged, this will be a problem. What needs to be done is a motion needs to be made in the courthouse where the case happened. It needs to be a motion to reopen the case and have you declared innocent. If the court still has the file & police report & booking photo, it will be easy to clear this up. If not, it gets complicated.
Answer Applies to: California
Replied: 7/22/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You need to go to the court where the case is and bring proof as to who you are. Explain who you are and that you are not the person they are looking for. The prosecution will have to prove to the judge you are the person they want. This can be done by comparing photos or fingerprints etc.
Answer Applies to: California
Replied: 7/21/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Rent should be the least of your worries. You need to get an attorney to go to court to clear this up!
Answer Applies to: California
Replied: 7/21/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It looks like this is a case of stolen identity. Since you moved out of state, it would be particularly helpful to you if you hired a California attorney to handle this for you. The attorney will appear at court for you and inform the Judge of the misinformation. Typically, this would probably require more than one court hearing and maybe even your presence.
    Answer Applies to: California
    Replied: 7/21/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    By filing an appropriate motion and having a hearing / case review in the court where the conviction is recorded. Youd have to be able to show convincingly that this is a false ID situation. If you succeed, the warrant would be recalled and a correction and explanation made in the records. All the facts and documents available will be used by your attorney.
    Answer Applies to: California
    Replied: 7/21/2011
    Law Offices of Jacek W. Lentz
    Law Offices of Jacek W. Lentz | Jacek W. Lentz
    If the case did not involve you, this is indeed a very serious problem of mistaken identity, your best option is to retain a criminal defense lawyer to clean it up. If the conviction is yours, then a simple expungement might do the trick as far as the issue of the conviction's coming up on background checks. Another option is a motion to vacate the entire conviction. You need to discuss this in detail with a lawyer or few.
    Answer Applies to: California
    Replied: 7/21/2011
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