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Insidecostarica.com - San José, Costa Rica  -   Sunday 27  August  2006

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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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