New Jersey Law Allows Identity Theft Victims to Clear Credit Reports

Identity theft can be a nightmare. Victims often find fraudulent accounts opened in their name, damaging their credit score and ability to get loans or credit cards. In New Jersey, identity theft victims have a powerful tool to help clear their credit reports – Section 2C:21-17.5 of the New Jersey Code of Criminal Justice.

How Do Victims Use This Law?

To take advantage of Section 2C:21-17.5, identity theft victims must follow these steps:

• File an identity theft report with law enforcement. This creates an official record of the crime.
• Provide the consumer reporting agency with proof of the identity theft conviction. This could be a court order, arrest record, or other documentation.
• Submit requests in writing to delete fraudulent information resulting from the identity theft. Be specific about which accounts or entries are fraudulent.
• Follow up if deletions are not made in a timely manner. The law requires prompt compliance.

Experian, Equifax, and TransUnion are the three major consumer reporting agencies in the United States. Victims should submit deletion requests to each.

Limits of the Law

While Section 2C:21-17.5 is a powerful tool, it does have some limits:

• It only applies after an identity theft conviction in New Jersey. Victims cannot use it preemptively.
• It does not prevent consumer reporting agencies from putting back fraudulent information in the future if they receive it again from data furnishers.
• It does not automatically create fraud alerts or credit freezes to prevent future identity theft. Victims must request these separately.
• It only applies to New Jersey residents victimized by identity thieves convicted in New Jersey.

Despite these limits, Section 2C:21-17.5 remains an important law giving victims power to quickly repair credit damage from convicted identity thieves. It can help victims move on instead of fighting for years to clear fraudulent accounts.

Reporting Identity Theft in New Jersey

In addition to Section 2C:21-17.5, victims should be aware of their right under Section 2C:21-17.6 to file an identity theft report with local law enforcement. This report documents the crime, helps with investigations, and entitles victims to additional rights like those in Section 2C:21-17.5.

The New Jersey State Police website has an identity theft toolkit explaining how to file reports, freeze credit, and take other steps to protect yourself after identity theft.

The Federal Trade Commission also has excellent resources on reporting identity theft and recovering from it. Their guide covers steps for New Jersey residents to take after identity theft occurs.

Conclusion

Identity theft can happen to anyone, but victims have power in New Jersey. Section 2C:21-17.5 allows convicted identity thieves’ fraudulent actions to be quickly deleted from victims’ credit reports. This law provides a major tool to help victims restore their credit and move on with their lives. Any New Jersey resident who suffers identity theft should be aware of their rights under this law to clear their name.