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Victims of identity theft often don't know there's trouble - until they are arrested
Anna Ewart
10/29/2008 - Nichole Beeman's name and date of birth were given falsely to police, twice. Both times her sister, Beth Elledge, used Beeman's ID when she was arrested on suspicion of car theft.

Beeman found out when co-workers at a small White Bear Lake publishing company showed her a newspaper article about her sister.

She is lucky that's how she found out.

Some victims of identity theft don't discover a criminal has used their name until the victim is arrested or a prospective employer or landlord turns them down.

Beeman, 29, promptly contacted the Minnesota Bureau of Criminal Apprehension and the Ramsey County sheriff's office.

"I wanted to protect myself before anything happened," explained Beeman, who said she has never had trouble with the law.

Although police quickly discovered Elledge was not Beeman, Beeman feared she could be arrested during a traffic stop in front of her three young children.

People occasionally learn they're victims of criminal identity theft when they are arrested, according to Dave Johnson, executive director of the BCA's CriMNet program.

That means innocent people can end up with a false criminal history because someone using their name has been arrested, booked and fingerprinted.

The BCA, which maintains the state's public and private criminal history records, does offer help for Beeman and other victims of identity crime. Once a victim has completed a Questioned Identity form, the BCA can confirm whether the person


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is the subject of the criminal record by comparing photo IDs, relevant documents and fingerprints. If a claim of identity theft is verified, BCA changes its records and issues the victim a letter confirming he or she is not the subject of the criminal record. The letter can be presented to law enforcement agencies, employers and landlords.
However, victims aren't always notified if their information is used, and the BCA isn't the only place employers and landlords can search for a criminal history.

Data Collectors / For $40, anyone can buy a CD of public criminal history data from the BCA, said Julie LeTourneau Lackner, BCA justice information services manager. The criminal information database is updated monthly. Although anyone can go into the BCA to check individual records, private data collectors often buy the CD.

These data collectors are companies that collect, package and disseminate public information for a profit. They supply data to companies doing pre-employment screening and to landlords needing background checks.

The Minnesota Legislature this year passed regulations affecting data collectors. As of July 1, 2009, data collectors, also called business-screening services, will not be able to disseminate

Nichole Beeman recently found out she was a victim of identity theft after co-workers showed Beeman a newspaper article about her sister. Beth Elledge is Beeman's sister and used Beeman's indetity when she was arrested for car theft. Beeman was at her home in Mounds View on October 25, 2008 looking over a stack of paperwork that she must carry with her when driving to prove who she is. (Pioneer Press: Sherri LaRose-Chiglo) (Sherri LaRose-Chiglo)criminal record information unless it has been updated within the past month.
Sen. Don Betzold, DFL-Fridley, an author of the legislation, said that there are many ways to get criminal background information wrong and that it's important to correct false information.

"Its not enough for the government agencies to correct their own records," Betzold said. Private data collectors "have to be responsible for their own data," he said.

Nationally, the Fair Credit Reporting Act regulates data collectors.

Tripped Up By Technology / Technological advances can be the cause of and the cure for problems affecting people whose names are used by criminals.

More police cruisers have access to better identification technology, so it's easier for law enforcement to tell quickly whether people are who they say they are.

Fingerprint databases, the most accurate way to identify someone, also are used, said George Altendorfer, undersheriff of the patrol division at the Ramsey County sheriff's office.

It is a gross misdemeanor to offer another person's name and date of birth to a police officer.

Tod Burke, professor of criminal justice at Radford University in Radford, Va., said the effects of computerized information can stick around even after the data have been removed from a database.

"It may or may not have already been shared; you just don't know that," Burke said.

Although many data collectors have disclaimers on their Web sites, employers still may end up linking the applicant to a spotty criminal background check, even if that person can prove innocence, he said.

LeTourneau Lackner said the BCA issues about 20 letters a month confirming an identity. Most people the agency deals with have applied for a job or apartment and are surprised when something pops up in a background check.

"This has always been a problem, but people are doing more background checks, so it's becoming a more visible problem," LeTourneau Lackner said.

The Minnesota Court Information System has a public version of its database that can be viewed from outside government buildings. The government Web site has a full disclaimer that states the results are unofficial and should not be used for background checks.

Still, as of Friday, a search for Nichole Beeman's name and date of birth on the Web site resulted in several hits for her sister, in custody at the Ramsey County Jail.

Anna Ewart can be reached at 651-265-2491.

Minnesota State Law On Data Collectors

Effective July 1, 2009:


Business screening services will not be able to disseminate criminal-record information unless it has been updated within the past month.

If an individual disputes a criminal record, the screening service should investigate the disputed record without charge.

If the disputed record is found to be inaccurate or incomplete, the business screening service should promptly correct it.

Within 30 days, the business screening service must notify the person with the disputed record about investigation results.

A business screening service that disseminates a criminal record must include the date the record was collected and a notice that the information may include records that have been expunged or sealed or otherwise have become inaccessible to the public since that date.

If a business screening service violates this section, it must pay the subject $1,000 or the cost of the actual damages caused by the violation, whichever is greater.
To Get Help

If you're an identity-theft victim, call the state Bureau of Criminal Apprehension at 651-793-2400 or go to www.bca.state.mn.us.