[teddybear87]

About 7 years ago my cousin got caught shoplifting, upon being arrested she gave my sisters name as an alias to the arresting officer. The only reason we found out about it was when my dad seen my sisters name in the local newspaper. My sister talked to a few people but got little info on the matter. Several years passed and we never thought much about it until my sister graduated from college and tried to get a job that meet her requirements. She wasn't getting any call backs and couldn't understand why, until she applied at a bank. The manager of the bank called her and informed her that when they done a background check, there was a hit on her name as an alias. And this alias name had a felon. She got the job with the bank anyway, but only after she explained the situation. If the bank had not told her this, she would not have ever known. The bank personel told her she could go to the courthouse and try to get her name unassociated with her cousins name who is acutally the felon. She went to the court house to have it took off her recorded, but she couldn't have it removed without having to pay fees. And what I mean by fees is money she does not have. So my questions are.
Can my sister sue the police department or whoever for not contacting her or my parents since she was still under 18 at the time,to inform her on the matter?
Also for not consulting with her if they can release her name to the public as the alias of the thief. And putting it on her recorded for something she did not do. Making her a felon.
Also can she sue my cousin for the court cost?
I want to know because this is causing her a big thorn in her side, until she gets this taken care of. She doesn't want to work at the bank forever and would like to be applying for state jobs. If there is anything that she can do any info would be a big help.
P.S. thank you for your time reading this message.

[AK lawyer]

Yes, if this is true she could sue the cousin, the police, the people who do background checks, etc.

But I don't believe it. You say she gave your sister's name to the arrresting officer, she was convicted of a felony, and no one ever verified her true identity? No, this didn't happen that way. I'm confident of that.

The person who actually got convicted would have had her photo, her fingerprints, and other identifying data recorded. Check into this and I would bet that your sister actually was the person who was convicted.

[ScottGem]

I'm not as skeptical as AK. I think its possible that your cousin did in fact give your sister's name as an alias she used. This simply means that your cousin claimed to have used that name. The police would not know, not have to check, whether the alias was attached to a real person or not. So there was no reason for them to contact your sister or your parents.

And yes you can sue the cousin for damages. I don't think you have a case against the police or the courts though.

[teddybear87]

Ok listen this is from what I know and herd.
When my cousin used my sisters name the cop ask for ID but she said she didn't have any and gave my sisters name.
He did in fact did a search on his computer on the name he was given which was my sisters. He then proceeded to ask her questions based on what pop up.
Questions like date of birth, where she lived, where she was born and so on an so on. How she knew I do not know. The only reason why she got cought in a lie was because one of the questions was what hand do you write with.
Her answer was left, but later the police officer gave her papers to sign and notice she kept writing with her right hand an that was when her story started to fall apart when he began asking her more question.
She than broke down and gave her real name. Where this all took place was at walmart in the state of IL.

[AK lawyer]

...
She than broke down and gave her real name. ...

Ok then. Yesterday you wrote that

"... there was a hit on her name as an alias. And this alias name had a felon. ... And putting it on her recorded for something she did not do. making her a felon. ..."

The fact that the cousin mentioned your sister's name to the investigating officer doesn't make her a felon. That might be why the bank hired her anyway. Excellent. At least someone at that bank can read.

I would ask for a copy of the background check. If it is unclear that your sister was not convicted or even suspected of the felony (after the cousin's story fell apart), I would take action against whoever is doing the background check.

This part of your tale still doesn't ring true:

...
... The bank personel told her she could go to the courthouse and try to get her name unassociated with her cousins name who is acutally the felon. She went to the court house to have it took off her recorded, but she couldnt have it removed without having to pay fees. ...

If the sister's name came up in a background check that's one thing. The police department files can have all sorts of questionable information in them including your sister's name as the cousin's alias. But the police file will not be at the courthouse, available for any Tom, [Richard-diminutive], or Barry Banker to read.

[teddybear87]

Is their a way for her to see the police file.

[teddybear87]

p.s. if you also go on one of then web sites to see if you have been convicted of anything. You can type both my sisters name and my cousins name they both have been convicted for the same thing. The only problem is that she had nothing to do with it, an was not their at the time of this happened. But if you do a back ground check she is listed as an alias. Where could see go to get a copy of that background check as well as the police report.

[AK lawyer]

Please use the "reply" button.

p.s. if you also go on one of then web sites to see if you have been convicted of anything. you can type both my sisters name and my cousins name they both have been convicted for the same thing. ...

If that is true, I would send the web site a strongly-worded e-mail demanding that they correct it. Your sister hasn't been convicted of anything. The cousin was convicted, and she may have been reported as using an alias. That would be way different.

... But if you do a back ground check she is listed as an alias. Where could see go to get a copy of that background check as well as the police report.

You know that the background check shows her as an alias? How do you know? The bank told you?

Find out who did the background check and demand a copy. Or just ask the bank for a copy.

Get a copy of the police report (the report the police officer made when he was investigating your cousin for shoplifting) from the police department.

Or, if by "police report" you mean the PD's database which apparently includes a dossier on your sister, ask them for that too.

By the way, when I said the courthouse probably wouldn't have the police files, I didn't mention that it would have the court file on your cousin. It is possible that it was filed as "State v. [her name], d/b/a [sister's name]. I don't know that there is any easy way to correct that, but anyone with a 5th grade education should be able from reading it to determine that your sister was not charged with anything. If my name were "John Smith", a potential employer looking at the criminal case filings in the courthouse wouldn't reasonably conclude that I have a record a mile long. They would (homefully) use a bit of common sense and look further to see if each case involved the same John Smith that was applying for the job. Your sister doesn't want to be working for anyone stupid enough to make that sort of error.

[teddybear87]

Thank you for all your advice. My sister does in fact have the police reports and I do believe the background check that was done on her. The reason my cousin knew everything about my sister is because:
1. They were in the same class.
2. They were born five days apart.
3. Both are blonde hair blue eyes.
4. She knew how to spell our last name, which has ten letters.
5. Plus she was on drugs and at the time was an out of control drug addict.

Thanks for your time in this matter.