A shared name does not prove that a warrant is yours, but do not ignore a possible active warrant or try to test it by showing up at a police station. Compare the case and warrant numbers, issuing court and agency, date of birth, and other identifiers with a lawyer. A wrong-name clerical match and a person using your identity are different problems, and they may require different corrections.

If another person used your identifying information during a criminal event, California Penal Code section 530.6 provides a factual-innocence process for specified situations, including an arrest, citation, complaint, or conviction wrongly associated with you. The statute does not make every same-name error an identity-theft case. (Penal Code § 530.6)

First establish what record you are seeing

Save the notice or search result and note where it came from. Ask counsel to compare the identifiers shown there with your own records and determine which court or agency created the record. Do not send sensitive identity documents to an unverified contact or assume an online result is enough to confirm the warrant’s status.

If the mismatch appears to be a typographical or data-entry error, the correction may need to come from the issuing court, agency, or record custodian. Penal Code section 530.6’s identity-theft remedy is not automatically available just because two people have similar names.

If you suspect impersonation, preserve evidence that may show how your identity was used, such as an official notice, incident number, or agency correspondence. California DOJ describes a criminal identity-theft process that can involve a court determination and a certificate of identity theft and factual innocence. Judicial Council form CR-150 is used for a court certificate; filing an application or obtaining a certificate should not be assumed to cancel an active warrant automatically. (California DOJ: Identity Theft Registry; Judicial Council form CR-150)

Get advice before approaching the issuing agency

Ask counsel to verify the warrant’s current status, the court with authority over the record, and whether any identity-theft petition or separate record correction fits the facts. An active warrant can create an arrest risk, so get advice before appearing in person or making statements to an agency. Keep copies of communications and follow counsel’s instructions about contacting the court or law enforcement.

For help reviewing a warrant or mistaken identity issue, contact the Law Offices of David S. Chesley at (800) 755-5174.