Identity theft in reverse

Fabian Lopez has spent years trying to prove he's not a criminal.

Every time he applies for a job, mortgage or driver's license, he fears someone will think he's that other Fabian Lopez – the one from New Jersey facing felony charges in that state.

"This is worse than identity theft," Lopez said. "It's not that they stole my identity - they're giving me an identity that's not mine."

The 39-year-old Tampa resident says his name has been linked for years to the identity of another man with the same name and birthday who is wanted in the Garden State.

In Florida, Lopez first realized something was wrong one day in 2003 when he was pulled over while heading home from Ybor City with a friend.

"The officer tells me to get out of my car – he actually puts handcuffs on me, and I'm like, 'What did I do wrong?' He says, 'You have a warrant out for your arrest.'"

Lopez called New Jersey and thought he'd straightened out the confusion but had a similar experience in 2005.

Through calls and research, Lopez says he learned "there's burglary, sexual assault, resisting arrest, I mean there's a long list of stuff that's connected to my name."

The process of trying to clear his name has been a long – and largely fruitless – endeavor involving fingerprints, phone calls and disappointment. In the meantime, he supports his family working at a fast food restaurant and drives with a New York license that expires in 2014 – amassing a thick folder of paperwork as he tries to navigate the system in two states.

Alerted to the situation by News Channel 8, officials with the New Jersey courts took at the look at the files. They found out there are multiple cases connected with the name Fabian Lopez in New Jersey, though it's unclear whether they are all related to the same suspect.

In some of the cases, including a 1998 charge of lewdness, the full name of the defendant is listed as Fabian Lara-Lopez.

In Middlesex County, N.J., records show an arrest in 2006 on charges of criminal sexual contact and burglary. Those charges are also connected to Fabian Lara-Lopez, a spokeswoman for the courts said. Warrants were issued in Somerset County, N.J., for failure to comply with a bail-tracking condition, and in Middlesex County for failure to appear in court, she said.

Lopez has accumulated a stack of documents that include a letter from New Jersey's office of attorney general stating he does not have a criminal record in New Jersey. Also included is a deposition from an ID technician for the city of Rochester, where he once lived, saying his fingerprints don't match those of an individual wanted on a charge of lewdness in New Jersey.

He was particularly bewildered by one suggestion: surrender in New Jersey.

"I called the courts, send them all my information, they say I need to turn myself in, stop being a fugitive," said Lopez, who says he was told his information would then be presented to a judge.

Because of the identity problems, Lopez has been unable to obtain a Florida driver's license. After News Channel 8 contacted the Florida Department of Motor Vehicles in Tallahassee, Lopez faxed them his paperwork; a spokeswoman said Lopez should now be cleared to get a Florida license.

"If we come across situations like this, we are going to do what we need to do on our side to make sure that we are issuing driver licenses and ID cards to those who deserve them and are in good standing with every state and are legal to drive," said DMV spokeswoman Ann Howard.

New Jersey Judiciary spokeswoman Tamara Kendig said the prosecutor's office in Somerset County has now made clarifications in the database to show the full name of the New Jersey individual – Fabian Lara-Lopez – and Lara-Lopez's Social Security number, to better distinguish him from others.

Kendig said background checks could have linked those cases to the Fabian Lopez in Tampa because companies doing checks often pull court records that use a person's name and birth date rather than a Social Security number.

"Our databases are designed to help us track our cases. They're not designed to do criminal background checks on someone," Kendig said.

Kendig said most cases of identity confusion don't last as long as Fabian Lopez's situation but said such mistakes do happen occasionally.

"Everyone I've talked to to clear this up has heard of something similar happening," Kendig said.