how to correct "the record"

[jenn19]

Illinois:
Two sisters, both adults. S1 is the elder, S2 is the younger.

S1 gets pulled over for a traffic stop and discovers “she” has a warrant out for arrest for theft (shoplifting). LEO's believe her. Adjust the warrant for S2, so they say.

S1 does remember S2 stealing from her before. This is how S2 “got my ID”. Not sure if there is any documentation for this and Mom is siding with S2 saying she's doing “better” now. Doesn't want to upset things, etc.

My concern is S1's arrest record. S2 has three arrests for shoplifting (under S1's name), up to including the warrants. How does S1 ensure her “record” is corrected? Can she do it pro se (file something with the courts/police) or should S1 get a lawyer to do whatever they do to make sure she isn't branded for life. Again, they are both young adults.
Thanks

 

[adjusterjack]

Lawyer.

Not a DIY project.

 

[jenn19]

That means S1 has to file charges against S2?

 

[FlyingRon]

No. People don't file charges against other people. It is the state that prosecutes crime. If there are warrants pending on either, the person who is the subject of the warrant needs an attorney. For sealing/expunging mistaken arrests, you will likely need an attorney. There are many who specialize in this.

 

[jenn19]

Thank you both for confirming my fears. I'll relay the advice.
They're so young, they don't get it.

 

[quincy]

For the do-it-yourself-ers out there, here are instructions for expunging or sealing your records in Illinois:

https://www.illinoiscourts.gov/Resources/76128fbe-2606-4e9a-89da-0e0ab03c82b6/ExpungementSealing_Instructions_Approved.pdf

 

[jenn19]

Tnanks Quincy, answered my very next question

 

[STEPHAN]

They need a lawyer!

 

[quincy]

Tnanks Quincy, answered my very next question

You’re welcome, jenn19. I appreciate the thanks.

I agree with the other posters that consulting with a local attorney would be smart.

 

[zddoodah]

Two sisters, both adults. S1 is the elder, S2 is the younger.

This story is very jumbled, but why don't you tell us who YOU are in this story?

S1 gets pulled over for a traffic stop and discovers “she” has a warrant out for arrest for theft (shoplifting). LEO's believe her.

Believe her about what?

Adjust the warrant for S2, so they say.

An arrest warrant cannot be "adjusted." If S1 convinced the police that the warrant should have issued for S2, the officers would have to go to a judge and get an entirely new warrant. In order to get a new warrant for S2, they would have to make an entirely new showing of probable case regarding S2.

S1 does remember S2 stealing from her before. This is how S2 “got my ID”. Not sure if there is any documentation for this

Huh?

Mom is siding with S2 saying she's doing “better” now. Doesn't want to upset things, etc.

Since both S1 and S2 are adults, who cares what "mom" thinks or wants?

My concern is S1's arrest record.

Why are you concerned about this? Are you S1?

How does S1 ensure her “record” is corrected?

It not being at all clear what exactly has happened, S1 would be well advised to engage the services of a local attorney.

 

[quincy]

... Back stories can provide clarity and back stories can sate curiosity, but when the question asked is, “How to correct a record” and the bottom line advice regardless is going to be “see an attorney,” additional information tends not to be all that necessary.

 

[CavemanLawyer]

As best as I can tell Illinois has its criminal history records maintained by their state police. I would simply have S1 go speak with someone at their local police department who may be able to help them or direct them to a specific department that handles this sort of thing.

An expunction is not the proper fix here because the arrest records sound like they are valid they are just recorded under the wrong person's name. Whoever maintains the records would need to confirm the identity of the individual arrested and compare it to both S1 and S2 and make a conclusion on who it is. Then they update the arrest records if necessary. They do this by taking fingerprints of S1 voluntarily and then pulling the fingerprints from each arrest and ruling them in or out. This sort of thing is done all the time due to identity theft.

For example where I am at (Texas) criminal records are maintained by a State Dept. (Dept. of Public Safety) but the county sheriff's office is responsible for investigating and fixing the records when someone reports a situation like this. Anyone can go to their Sherriff's Office or District Attorney's office and report this issue and they will verify the records for free. Its worth a shot before S1 spending money on an attorney.

 

[quincy]

Here is a link to Illinois-specific information on expunging criminal records that came to be due to identity theft:

https://www2.illinois.gov/osad/Expungement/Documents/Identity Theft/CriminalIdentityTheftGuide.pdf

Although someone can do all of this on their own, it can present difficulties best handled by an attorney.

 

[jenn19]

Thanks, CavemanLawyer, it appears it really was that simple. S1's identity was proven with her fingerprints, her warrants quashed, and the arrest records corrected in the IL database. She still is willing to get a lawyer, but things seem to be order at the moment.

Not so much S2. As FlyingRon noted, S1 has no say in the matter. The damage is done. Seems the police were pretty great on reiterating what we're all thinking.

The problem now, is the Information Brokers; the websites people may use as a background check. It appears they are under no obligation to “maintain” said records. They post what they are given at the moment. If any info is incorrect, she must notify them each directly and hope they fix it. No idea how often that info is refreshed.

quincy, thanks for the links. One look at the first one and she was definitely getting a lawyer. (Consultations are cheap, folks) How you so easily find and post resources, always amazes me. Went through a lot of google nonsense, because I was not asking the right questions. And, thank you for so eloquently having my back with zoodah. Nicely done.

Thanks again and I'll update if anything warrants it, lol