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Identity Theft Victim Still Victimized Save Email Print
Name still on court records for criminal charges against cousin
Posted: 9:21 PM Mar 9, 2008
Last Updated: 1:40 AM Mar 11, 2008
Email Address: sixonline@wowt.com

A | A | A

An Omaha woman whose identity was stolen by a cousin five years ago still finds herself being victimized.

Rachel Galvan is days away from realizing her dream. "To be a nurse, take care of kids.” Rachel worries about getting her nursing license and a job if court records are misdiagnosed. “It wasn't me, she did something wrong, this should go onto her."

Five years ago a cousin stole Rachel’s identity and used her name when arrested on three charges. Proof of the ID theft has erased Rachel’s name from law enforcement criminal records, but it remains on the state court computer for past filings. You have to wonder, though it says "dismissed," how an employer might react.

Nick Jasa runs One Source, a leading background checker for companies hiring new employees. “When you see 'dismissed' you think plea agreement or bargain, maybe turned the other guy in, so it will influence an employer, so it's very unfortunate for her it's on her report."

Nebraska Health and Human Service says the court record showing “dismissed” charges will not affect Rachel’s nursing license application, but she may need to hire an attorney to clear her name. “’Cause that's showing it could have been me, that doesn't prove that it wasn't me at all," says Rachel.

“It needs to be completely taken off of her record,” says Rachel’s mother Josephine Alcaraz. “It wasn't even her and she shouldn't have to pay to do that."

Being a victim of identity theft, Rachel might have to put that on a resume so prospective employers know it's her name, but not her with a court record.

Six On Your Side made several calls to find out who can correct Rachel's court record. The Washington County attorney pointed us to the state court administrator. That office sent us back to the county attorney who is unsure she has the power to change a court record.

In the end, Rachel may have to hire an attorney to file a motion.

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Posted by: Anita on Mar 12, 2008 at 07:26 PM
I am Rachels classmate and I have watched her agonize over this for weeks. She is an excellent mother, friend, and student. In a few weeks she will be an excellent nurse and it is such a shame that fixing this whole mess has been put on her shoulders. She is now working with an attorney but the processes is time consuming, frustrating and EXPENSIVE. Thank you so much to everyone who wrote in to voice their support.

Posted by: Liam on Mar 10, 2008 at 03:58 PM
My friend Judy lives in Vegas and had her purse stolen over 10 years ago. She still gets notices from collection agencies about accounts opened in her name (she had just finished inprocessing for a new job and had her social security card in her wallet). She's tried to put a freeze on her SSN via the credit reporting agencies, but some smaller companies don't do a check before issuing their own lines of credit. Messy stuff. I've also had my own case of identity confusion, but a little more humorous. In the military clinics, dependents' medical records are filed under the SSN of the sponsor (active duty member). When I enlisted, I pulled my childhood records and used them as a baseline for my own, not realizing clerks had been mixing my father's records with mine for years. I got deployed to Saudi and was pulled back immediately on a critical medical waiver. I was 23, and the doctor looked at me and said, "So your records are showing you've already had two heart attacks?..."

Posted by: David on Mar 10, 2008 at 03:55 PM
Hire an attorney to remove it, then sue the cousin for the cost!!!

Posted by: Mel on Mar 10, 2008 at 01:15 PM
I cannot believe that this type of crime has existed for at least 10 years now (in high volume - I'm sure its always existed) and the government cannot figure out how to correct these issues. Its insane.

Posted by: Anonymous on Mar 10, 2008 at 11:52 AM
My SS number was placed in to a computer under someone else's name many years ago it took a good friend who was the neighbor of the head of the credit company to change that. There has got to be a better way. Why should an totally proved innocent person have to get a lawyer. The cousin should have to pay for the lawyer!

Posted by: E on Mar 10, 2008 at 03:03 AM
I havent had my ID stolen, but 2yrs ago, someone at a doctor's office I'd been to had mistakenly started billing my insurance when they had a patient with the same name as me. The person had some neurological problem and I was getting bills from all sorts of neurologists. A few months later, I, rather ironically started having neurological problems too. (same disease) and had serious problems with my insurance because the other person's bills kept getting sent to me. It took me another 8 months to get things straightened out. I cant imagine what it would have been like if the ID mixup had been intentional. (still not sure it wasnt) A few of my relatives have had their ID stolen years ago, and they still have problems getting it straightend out. I feel bad for anyone who has to go thru an ID theft. It's stressful and causes so many problems. Hopefully they figure out a way someday to stop ID theft.

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