It is not me, or it was years ago: identity and old cases
An identity error in enforcement and a conviction obtained in your name are different problems with different remedies. Where a sentence is being enforced against someone other than the person the judgment names, the judge responsible for enforcement can order that it cease, without reopening the trial. Where the conviction itself was obtained against a person who gave your identity, the route is slower and more demanding, and it ends in revision of the judgment.
What changes for you is the order of the work. Before anything is filed, the file has to be obtained and the facts established: whether the decision is final, whether it was served and where, whether the sentence is still enforceable, and what the identification material actually records. Travelling to Italy to clear the matter up in person is the step that turns a paper problem into an arrest.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- The code deals expressly with error of identity at the enforcement stage, and the remedy is swift precisely because it does not require the trial to be reopened.
- That remedy fits a familiar pattern: a shared or similar name, the same date of birth, a document copied from a database, an alert circulating against the wrong record.
- What proves it is documentary rather than argumentative: passports, entry and exit records, employment records, and fingerprints where the file contains them.
- Where a person physically present gave your name, more has to be shown: that the person tried was not you, and that the identification recorded in the file is wrong.
- The practical steps are to obtain the file with any fingerprints and photographs taken at identification, to prove where you were on the relevant dates, and to trace how your identity came to be used.
- Substitution of a person's identity is itself an offence, so a complaint about it belongs in the work, and the identity point has to be raised in every proceeding where it appears rather than only in the case that came to light.
- Undoing a final conviction requires revision, which depends on new evidence capable of showing that the person was not the author, and the documentary work is what makes that possible.
- With an old case, establish whether the decision is final, whether the sentence remains enforceable and whether enforcement has itself expired, before choosing a remedy or booking travel.
Enforcement against the wrong person
The code provides expressly for error of identity at the enforcement stage. Where it appears that the sentence is being enforced against someone other than the person to whom the judgment refers, the enforcement judge orders that it cease. It is a swift procedure and it does not require reopening the trial.
It applies to the classic situation: the same or similar name, the same date of birth, a document copied from a database, an alert circulating against the wrong record. What proves it is documentary — passports, entry and exit records, employment records, fingerprints where they exist in the file.
Where someone used your identity
Harder, because the judgment was pronounced against a person who was physically there and gave your name. Two things then have to be established: that the person tried was not you, and that the identification recorded in the file is wrong.
- Obtain the file, and in particular any fingerprints or photographs taken at identification.
- Prove where you were at the relevant dates: travel, work, medical, banking records.
- Identify the source of the identity: a lost or stolen document, a copy given to someone, a data breach.
- File a complaint for the substitution of your identity, which is itself an offence.
- Raise it in every proceeding where the identity appears, not only the one you discovered first.
Where a final conviction has to be undone, the remedy is revision, and it requires new evidence capable of showing the person was not the author. It is demanding, and the documentary work above is what makes it possible.
Cases from years ago
Old files surface at borders, in visa applications and in bank screening. Before doing anything, three things have to be established: whether the decision is final, whether the sentence is still enforceable, and whether the limitation period on enforcement has run.
| Question | Why it matters | Where the answer is |
|---|---|---|
| Is the decision final? | Determines which remedy is available | The court record |
| Was it served, and where? | Governs remedies for lack of knowledge | The service record |
| Is the sentence still enforceable? | Enforcement is subject to its own limitation | The enforcement file |
| Is an alert circulating? | It acts independently of the case | Separate procedure |
| Was it me? | Determines whether the identity remedies apply | Identification documents in the file |
The service record is usually the decisive document. It shows whether notice went to an address you actually had, which governs the remedies for a conviction you did not know about, set out in the guide on proceedings you did not know about.
These are two problems that feel identical to the person affected and are handled quite differently. The table separates them.
| Question | Enforcement against the wrong person | Conviction obtained in your name |
|---|---|---|
| What went wrong | The judgment names someone else and is being enforced against you | The person tried gave your identity and was convicted under it |
| Where the remedy lies | Before the judge responsible for enforcement | In revision of the judgment, once the file has been reconstructed |
| How fast it moves | Swiftly, because the trial does not have to be reopened | Slowly, because new evidence has to be gathered and presented |
| What proves the point | Documents separating you from the person named | Identification material in the file, with proof of where you were |
| What else the work requires | Little beyond the identity evidence itself | A complaint about the substitution of identity, and action in every file where it appears |
Do not travel to establish it
The instinct is to go to Italy and sort it out. That is the one thing not to do while an alert may be circulating: an alert acts at a border, including in transit, and being detained while the position is clarified is precisely what should be avoided.
All the preliminary work — obtaining the file, the service record and the identification material — is done through a lawyer here and requires no attendance.
Frequently asked questions
A sentence is being enforced against me but it is not mine.
The code provides a specific remedy for error of identity at the enforcement stage: the enforcement judge orders that it cease, without reopening the trial.
Someone used my identity and was convicted.
Two things must be established: that the person tried was not you, and that the identification in the file is wrong. Fingerprints and photographs taken at identification are decisive.
Can an old conviction still be enforced?
It depends on whether the decision is final and whether enforcement is still within its own limitation period. Both have to be checked before anything else.
Should I go to Italy to sort it out?
No, not while an alert may be circulating. Everything preliminary can be done through a lawyer without your attendance.
If something has surfaced
The first step is establishing what exists and against whom, and it can be done from where you are. First contact is free and covered by professional privilege.
People who find a stranger's case attached to their own name
Few discoveries are as disorienting as learning that the state believes you are somebody else, or that a case you thought had vanished years ago has resurfaced. Several situations bring people to this page.
Initially there is the traveller stopped at a border or an airport. You present a passport and an officer tells you there is an alert against you, or an order to serve a sentence, and the details do not match your life. The name is similar, the date of birth is the same or close, and you have never been to the town named in the document. You may be held while the identification is checked.
Next there is the resident who receives a notice of enforcement. A letter arrives, or the police come to the door, for a conviction in a place you have never lived. Often the explanation is a name shared with another person, but sometimes it is that your identity documents were lost, stolen or copied.
Finally there is the person who finds an old record. A job application, a visa renewal or a background check shows an entry that you do not recognise, or recognise only as a minor matter from long ago that you believed was finished. Perhaps you paid a fine at a roadside and never saw a paper again; perhaps you left Italy before a trial and heard nothing more.
In each case, the earliest task is to find out exactly what the record says, which person it was entered against, and whether any step against you is already running.
An identity point is won on documents that existed before the dispute arose. The table lists what separates you from the person named, who issues it and what it establishes.
| Evidence | Who issues it | What it establishes |
|---|---|---|
| Passport pages and visa stamps | The issuing authority and border control | Where you were on the dates stated in the record |
| Entry and exit records | The border authorities of the countries concerned | That you were not in the place where the act was recorded |
| Fingerprints and photographs taken at identification | The authority that carried out the identification | Whether the physical person identified is you |
| Employment and payroll records | The employer and the social security authority | A continuous presence somewhere else |
| Medical and banking records | The clinic and the bank | Independent traces of your movements, hard to arrange after the event |
| The report of a lost or stolen document | The police force that took the report | How your identity became available to another person |
What a wrong or buried record does to work, travel and a residence permit
The practical damage from a record that should not exist is often greater than the harm from a real minor case, because it surfaces at the worst moments and with no explanation.
Border crossings. A match against your name can lead to questioning, a delayed flight or detention at an airport. Even if you are released quickly, you may carry the same flag into every later crossing until the record is corrected. Carry documents that distinguish you from the other person, such as an old passport, a birth certificate and proof of where you lived.
Employment. Employers that run background checks may withdraw an offer on the strength of an entry you did not know about. Regulated jobs, such as security, finance, teaching or work with children, are particularly sensitive. It helps to be able to show a corrected record or a pending application to correct it.
Residence and citizenship. A permit renewal, a family reunification request or a naturalisation file can stall because an unexplained conviction appears. Delay can have its own cost: a lapsed permit, a lost job.
Driving and banking. Licences and accounts may be affected if the entry concerns an offence relating to them.
Peace of mind. Living with the fear of being stopped is itself a harm. A clear plan, with a lawyer who has read the file, replaces that fear with a list of steps.
Choices when a record is wrong or old: act now, wait, or avoid the country
The decisions are different depending on whether you are in Italy, abroad, or about to travel, and each choice has a price.
Contact the authorities yourself, or send a lawyer. It is tempting to go to a police station and explain. Do not, unless advised. Statements made without preparation can create records of their own, and an officer may not have the power to correct anything. A lawyer can request the file and approach the competent judge in writing, with documents that establish who you are.
Travel to Italy to settle it, or stay away. If you are abroad and fear an order against you, the safest approach is to find out its content before moving. Travelling can result in arrest on arrival; staying away can leave a problem to grow. The price of finding out beforehand is a short delay and a fee. The price of guessing wrong is detention.
Argue the identity point, or the age of the case. Some matters are about the wrong person, others about a correct entry that has become old. They have different remedies, and arguing the wrong remedy wastes time. Ask the lawyer to identify, from the file, which situation you are in.
Pay a sum demanded, or contest it. A demand to pay a fine or costs that is not yours should not be paid just to end the letter, because payment can look like acceptance.
Evidence that separates you from the person named in the record
Whether the problem is a stranger's identity or an old case, the work consists largely of showing, with paper, who you are and where you were. Start with the following.
- The document that reached you, photographed in full, with envelope, postmark and the day it arrived. If a police officer showed you an alert, write down the officer's office and what was said.
- Passports and identity cards, current and expired, because stamps and numbers prove movements and spellings of your name.
- Birth certificate and, where relevant, marriage papers, with translations, to show exact names, places and dates of birth.
- Fingerprints or photographs already held by an authority, if you have ever given them for a visa or a permit. Ask your lawyer whether comparison could settle the point swiftly.
- Proof of where you lived and worked in the relevant years: tenancy agreements, payslips, tax records, school registers, bank statements.
- Travel records: boarding passes, tickets, stamps, card transactions abroad on the dates in the document.
- Police reports of a lost or stolen passport or card, if documents went missing.
- Anything you hold about the old case: receipts for a fine paid, letters, a lawyer's name, the court or town if you remember it.
Do not worry if some of these items are missing. Say so, and tell the lawyer where the missing paper could be obtained, because an office, a former landlord or a bank can often issue a duplicate.
What to ask the lawyer about an identity error or a case from long ago
People in this situation often ask whether the problem will "go away". Better questions concern the mechanism and the proof.
- Which entry exactly is the problem: an order to serve a sentence, a pending case, an alert on a database, or a criminal record entry?
- Is there a step already running against me, and by which date must I respond to avoid it becoming final?
- Which judge or office can correct the error, and does a written request suffice or is a hearing needed?
- What proof of identity would that judge accept, and should my documents be translated or legalised in advance?
- Can I travel in the meantime, and what should I carry if I do?
- If another person used my name, is it worth reporting that, and how does that affect the correction of the record?
- If the case is old and genuine, what has happened to the penalty or the proceedings with the passage of time?
- Will the correction be visible on the records that employers and immigration officers consult, and how do I obtain a clean extract?
- If I am detained on arrival, what should I say and who should I call?
Ask also how long the correction is likely to take in practice, and what you can show to an employer or an immigration officer in the meantime. A letter from your lawyer confirming that a correction has been requested can ease many awkward conversations.
Faced with a wrong or buried record, people choose between acting, waiting and travelling, and the costs differ sharply. The table sets out what each choice involves.
| Choice | What it involves | What follows from it |
|---|---|---|
| Act now through a lawyer with a mandate | The file is obtained and the point raised where the record sits | The error is addressed while you remain outside the reach of enforcement |
| Wait and hope the record lapses | Nothing is filed and nothing is checked | Alerts stay live, and the problem resurfaces at a border or in a screening check |
| Travel to Italy to explain it in person | Presenting yourself to the authorities without the file in hand | The likely result is arrest on the alert rather than a conversation |
| Answer a bank or visa query without checking the record | A statement made on incomplete information | A wrong answer that is then difficult to correct |
| Deal only with the case that came to light | The identity point is raised in a solitary file | The same identification stays unchallenged in the others |
Records, borders and different spellings when the problem crosses countries
Mistaken-identity cases are very often cross-border cases, because the databases that cause trouble are shared and the documents that cure it are held elsewhere.
Names are transliterated differently in different systems, and a surname with a hyphen, a patronymic or an accent may appear in several forms. An Italian record built from a foreign passport can contain a spelling that matches the wrong person. Always provide the exact form on every document you hold, and note variations.
Certificates from your home country, such as a birth record or a record of no convictions, usually need an official translation and a form of legalisation before an Italian judge will rely on them. Requesting them takes time, so begin before you know exactly what you need.
If you are abroad, post is slow and notices may reach an old address after the deadline has started. Tell the lawyer where mail goes, who opens it, and give a reliable email.
When you want to speak to the lawyer, agree a time that works in both time zones, and avoid last-minute calls from airports. If you are held at a border, ask for an interpreter and for the consulate to be told.
The consulate can confirm that you are who you say you are and can issue emergency travel documents, but it cannot cancel an Italian record.
How the firm approaches identity errors and old cases
Work starts from paper, not from conversation. Write to avvmassimoromano@gmail.com with a photograph of what you received, or of whatever you remember, and a short list of the places you have lived, with approximate dates.
The firm requests the actual record, so that the discussion is about what it says rather than what is feared. That step often reveals that the problem is narrower, or wider, than assumed. After that, the lawyer sets out the options in plain language, including the option of doing nothing yet.
Written applications to the competent judge are prepared in Italian, with your identity documents, translations and any evidence of the other person's details. You are shown the draft in English and approve it before it is filed.
The firm has offices in Rome, Milan and Naples and can attend hearings in other cities through colleagues. If you are abroad, the lawyer can act with a power of attorney, and no travel is needed unless the file shows that your presence is required. The paper for that is prepared in advance, so that if the situation turns urgent it does not delay matters.
For a person held at a border or an airport, the firm can be reached around the clock; send the name, the place where you are held, and the time you were stopped. The lawyer will contact the relevant office and tell you what to expect next.
What not to do when a record seems wrong or too old to matter
The wrong reaction to a bad record can turn a correctable error into a real case. These are the points most often missed.
- Do not ignore the letter. Silence can allow a step to become final. If you did not do what the paper says, that is a reason to answer, not to wait.
- Do not travel to Italy "to clear it up" before you have seen the record. If there is an order against a person with your details, arrival can end in detention at the airport.
- Do not pay a demand just to be rid of it. Payment can look like acceptance of the conviction.
- Do not give a long statement to the police without a lawyer. Unplanned explanations of "years ago" can introduce details that conflict with documents.
- Do not use altered or borrowed documents to prove who you are. A false paper turns a victim into a suspect.
- Do not confront the person you think shares your name. It is unwise, it may be wrong, and it puts you in contact with someone linked to a criminal file.
- Do not throw away old paperwork. A receipt, a letter, a ticket stub may be the proof that settles the point.
- Do not discuss the problem on social networks. Anything published can reach the authorities.
Italian terms you may meet when a record is disputed
The Italian vocabulary of enforcement and identity is compact. These are the terms most likely to appear on notices and in the lawyer's explanations.
- Giudice dell'esecuzione: the judge who supervises how a final sentence is carried out. This is the judge who can order that enforcement stop when the wrong person is targeted.
- Ordine di esecuzione: the order that a sentence be carried out. It is what the police act on.
- Sentenza: the judgment. The record you contest will usually be connected to such a document.
- Generalità: the personal details of a person: name, date and place of birth, parents' names. Cases of mistaken identity usually turn on them.
- Casellario giudiziale: the criminal record register, from which extracts are issued.
- Prescrizione: the lapse of the power to prosecute or punish with the passage of time. Often the issue in old cases.
- Irreperibile: a person who cannot be found at a known address, so that notices were served in another way. It can explain how a case went forward without you.
- Procura speciale: a power of attorney that lets a lawyer act for you, which is useful when you live abroad.
If the paper uses a word that is not on this list, send a photograph of it to the lawyer. Do not guess at the meaning, because in these cases a particular word can show whether the record concerns you at all.
About the lawyer
People write to this office from places where Italian is not spoken, and often with documents they cannot read. That is the starting point of the work rather than an obstacle to it. Avv. Massimo Romano practises criminal law and appears before the Court of Cassation; alongside ordinary Italian proceedings he deals with surrender requests, extradition, and the situation of foreign nationals facing charges in Italy. Send or read out what you have: a notice, a receipt from a search, the name of the prison, a lawyer's letter in another language. He will tell you what the document is and what it obliges you to do. The call is followed by a written note setting out what the office can take on, how the file will be handled between Rome, Milan and Naples, and who in the family will be kept informed. Those conversations are held in English whenever that is what the family needs.
Write on WhatsApp or call. Have ready the identity details of the person concerned and a photograph of every page you have received, in whatever language it is written.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp