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Identity Theft Victim Lives A
Nightmare
Identity theft has arrived in
Costa Rica and one of the first
cases reported is that of Marlon
Antonio Espinoza Hernández, who
does not have a criminal record,
however, was almost arrested
when he went to the Registro
Judicial (judicial registry) to
obtain a "hoja de delincuencia"
(a criminal report).
Espinoza's record contained a
conviction to six years prison
for assault and robbery and had
to use his ingenuity to convince
officials that there was a
mistake and avoid being placed
behind bar, where according to
the record, he should be in the
La Reforma prison doing his
time.
Espinoza required the criminal
report as part of the request
from his potential employer last
July 20.
Without saying, the man lost the
job becuase of the "robbery"
conviction on his record, in
what Espinoza says, someone had
stolen his identity, including
his "cedula" number, without the
courts, prosecutor's office and
agents of the Organismo de
Investigación Judicial (OIJ)
detecting it.
The record indicates that the
perpetrator was tried and
convicted on July 20 and as is
stipulated by law, the
conviction was sent to the
Judicial Archives, a section of
the Corte Suprema (Supreme
Court) keeps records of
convictions.
The Archives are a source of
information for police agencies
and the courts as well as
citizens who are requested by
potential employers, both state
and private, to provide a
criminal record before being
hired.
Espinoza told the daily Spanish
language newspaper, La Nación,
the error has cost him dearly.
"I have been living on loans
from my family for more than a
month. Thanks to God, my parents
and brothers are helping me,
otherwise I would be dying of
hunger", said Espinoza, that
after a number of legal
petitions, continues to be
unemployed and the record yet to
be corrected.
Espinoza added that he has been
assured by the Registro that the
correction will be made
immediately, however, he has
visited them on a number of
occasions and the conviction is
still on his record. Espinoza
says that potential employers
shy away when they see that his
record shows that he should in
the La Reforma prison.
The unemployed man said he has
avoided going out unless
absolutely necessary in the case
he is picked up by police and
has appealed to the Sala
Constitucional (Constitutonal
Court) to intervene, whose
justices ruled unanimously on
Thursday and ordered the
Registro to correct the error.
However, the nightmare for
Espinoza doesn't end there.
"I am locked up in my house
because I am afraid to go out",
he said, adding that he still
fearful even after visiting the
Police Archives where they took
photos and fingerprints, a
process for persons suspected of
a crime and under investigation.
"I don't understand how the
judges, the prosecutors and the
OIJ, who used my identity for a
conviction, did not corroborate
the identity of the real
criminal", said Espinoza.
Those who feel victims of
identity theft should contact
the OIJ to make a report.
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