ID theft protections won't be immediate - Albuquerque Journal

ID theft protections won’t be immediate

Copyright © 2020 Albuquerque Journal

One provision of New Mexico’s new and controversial expungement law gives victims of identity theft a new avenue when someone uses their name to commit a crime.

Victims whose identity has been stolen and whose names have been used when a

Ellen Marks

criminal is arrested or booked into jail can now seek to have those false records expunged.

However, a local expert cautions that there are lots of “loose ends” and unanswered questions about the new law, and it might take some time before a petition for expungement is approved by a court order.

Mark Medley, head of ID Theft Resolutions in Albuquerque, recommends victims continue to immediately pursue a special “V endorsement” on their driver’s license under the state’s existing Identity Theft Passport program.

The endorsement shows law enforcement officers that someone they pull over is a victim of identity theft in case a background check pulls up crimes that were committed in their name. Victims’ names are entered into a state ID theft database, which is accessible only to law enforcement and the state’s Motor Vehicle Division.

And it takes only a couple of weeks, according to Medley’s website.

“That way, you’re protected until your records actually get expunged,” he says.

To seek expungement of arrest and court records, identity theft victims must file a petition with district court and provide information, such as details of the arrest and the case number in which they were falsely named.

Petition forms and other information can be found at

Unlike other types of expungement requests that require a waiting period, ID theft victims can seek a court order at any time.

“It (the new law) is important because it finally gives the victims of identity theft an avenue where they can get their record cleared, especially in criminal identity theft when someone steals a person’s wallet and uses their identity when arrested,” Medley says.

Medley knows all about it. His wallet was stolen at a Summerfest event nearly 20 years ago and his identity was used by someone picked up on unrelated felony charges the next day. He spent years trying to clear his name.

A few years ago, he thought his troubles were over until he went to his usual polling place to vote. After numerous times of trouble-free voting, he was told his name had been deleted from the voter rolls – yet another mess he had to clear up.

Identity theft is a crime with a very long lifespan.

• n n

Learn about safety while online at free classes offered this month by the nonprofit DiverseIT Computer Repair & Training Center.

Computer basics will be taught at 10 a.m. Tuesday (Jan. 14) and 10 a.m. Jan. 28. A cybersecurity class, which will cover how to spot scams and phishing schemes, will be held at 10 a.m. Jan. 25.

All classes will be held at the training center, 5400 San Mateo NE. DiverseIT is a program of the Adelante Development Center.

Contact Ellen Marks at or 505-823-3842 if you are aware of what sounds like a scam. To report a scam to law enforcement, contact the New Mexico Consumer Protection Division toll-free at 1-844-255-9210​.


Albuquerque Journal and its reporters are committed to telling the stories of our community.

• Do you have a question you want someone to try to answer for you? Do you have a bright spot you want to share?
   We want to hear from you. Please email

Nativo Sponsored Content

taboola desktop


Gov. begins push on hydrogen bill
ABQnews Seeker
Proposal incentivizes industry hubs in NM; ... Proposal incentivizes industry hubs in NM; environmentalists still opposed
Legislative priorities for NM employers, workers to pay attention ...
ABQnews Seeker
We're already nearly a week into ... We're already nearly a week into the 2022 legislative session, and the bills are flying fast a ...
One-on-One: Engineering firm CEO's past trauma helps him lead
ABQnews Seeker
Army veteran helps other find healing ... Army veteran helps other find healing at the Grand Canyon
New Mexico firm's gaming universe inspires thousands
ABQnews Seeker
Ganymede Games' "Xenotheria" appeals to grown-up ... Ganymede Games' "Xenotheria" appeals to grown-up gamers' nostalgia.
J. Crew bids adieu to Albuquerque
ABQnews Seeker
J. Crew first opened its doors ... J. Crew first opened its doors for New Mexicans in 2012, according to earlier reporting, and specialized in men's and women's fashion.
As AI progresses, keep humanity, humility in mind
ABQnews Seeker
When my business partner and I ... When my business partner and I launched our company in the mid-1990s, we debated whether to install ...
NM tech firms awarded state matching grants
ABQnews Seeker
The NM SBIR grants are designed ... The NM SBIR grants are designed to support local science and technology companies in achieving their commercialization goals, according to a news release from ...
Asian shares decline amid omicron, Fed, Ukraine jitters
Most Recent Biz News
Asian shares skidded Tuesday following a ... Asian shares skidded Tuesday following a volatile day on Wall Street. Inflation-fighting measures from the Federal Reserve and the possibility of conflict between Russia ...
DC, 3 states sue Google saying it invades users' ...
Most Recent Biz News
The District of Columbia and three ... The District of Columbia and three states are suing Google for allegedly deceiving consumers and invading their privacy by making it nearly impossible for ...