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A person we know was caught stealing at a local Walmart. When

questioned by AP staff he...
A person we know was caught stealing at a local Walmart. When questioned by AP staff he told them he was homeless and did not have any ID. He then gave them my son's name and our address. Police were called and person taken to station for booking. At station Police were able to get his correct name. However we are told my sons name will still remain as an AKA. Police refuse to remove it even though they know persons real name. We are told that by doing this if my son is pulled over for any reason and there is a warrant out for the other person, my son will/could be detained and taken to police station until matter cleared up. How do we proceed to have his name cleared? Help.
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Answered in 10 minutes by:
8/22/2013
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 120,999
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Thank you for your question. I look forward to working with you to provide you th information you are seeking.

Unfortunately, this happens all of the time and legally the police do not have to remove an AKA from a defendant's name. The only way to get this removed is your son has to file suit in court against the person for identity theft and ask for court order to the police agency to remove the name from their computer records. I am afraid court order now is the only way to clear his name from being associated with this person.


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Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 120,999
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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