The Illinois Petition for Expedited Judicial Determination of Factual Innocence (Financial Identity Theft) is a legal document used to request an expedited judicial determination of a person’s innocence in cases of financial identity theft. This petition is available to individuals who have experienced financial identity theft and are in need of a quick resolution to clear their name and credit report of any fraudulent or incorrect information. The petition is filed in the Illinois Circuit Court and is available in two different types of petitions: a Petition for Expedited Judicial Determination of Factual Innocence and a Petition for Expedited Judicial Determination of Factual Innocence (Financial Identity Theft). The Petition for Expedited Judicial Determination of Factual Innocence is used for individuals who have been the victim of non-financial identity theft, such as theft of personal information, false impersonation, or any other type of identity theft. This petition is used to clear the petitioner’s name from any criminal or civil charges associated with the theft. The Petition for Expedited Judicial Determination of Factual Innocence (Financial Identity Theft) is used for individuals who have experienced financial identity theft. This petition is used to clear the petitioner’s name from any criminal or civil charges associated with the theft, as well as any incorrect information on the petitioner’s credit report. The petitioner must provide evidence of the theft, such as a police report, and any other relevant information that proves their innocence. Both types of petitions require the petitioner to provide documentation of the identity theft and any other relevant information to prove their innocence. It is important for the petitioner to include all relevant information to ensure a speedy resolution.
Illinois Petition For Expedited Judicial Determination of Factual Innocence (Financial Identity Theft)
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FAQ
Under Illinois law (720 ILCS 5/16-30), a person commits identity theft when they knowingly: Uses someone else's personal identifying information or documents to obtain credit, money, goods, services, or property. Uses someone else's personal identifying information or documents to commit a felony offense.
Identity theft: 7 years from the last act committed in furtherance of the crime. Aggravated identity theft: 7 years from the last act committed in furtherance of the crime. Financial exploitation of an elderly person or person with a disability: 7 years from the last act committed in furtherance of the crime.
Certificate of Identity Theft: Judicial Finding of Factual Innocence (CR-150) States a court's decision about cleaning your record when someone else used your identity when the person was arrested or charged with a crime.
In Illinois, the general statute of limitations for misdemeanors is 18 months, while the generic limitations period for felonies is three years.
Illinois Punishments for Identity Theft Below $300: Class 4 felony; 1-4 years in jail. $300-$2,000: Class 3 felony; 2-5 years in jail. $2,000-$10,000: Class 2 felony; 3-7 years in jail. $10,000-$100,000: Class 1 felony; 4-15 years in jail.
Under Penal Code § 851.8 PC, a petition for a certificate of factual innocence is where you ask the court to make a finding that you did not commit a crime for which you were detained, arrested or charged, although never convicted in court.
Illinois civil statutes of limitations impose a two-year time limit for personal injuries and a five-year time limit for injury to personal property. Generally speaking, the clock starts running at the time an injury is suffered.
For instance, the time limit for Illinois to prosecute a defendant for aggravated criminal sexual abuse is 10 years, but only 18 months for misdemeanors. Civil statutes of limitations range from one to 20 years, with a two-year limit for personal injury claims.