If you have a common name, you can bet that someone else in this country shares it with you. But what if they share your birth date too? And what if that person is a criminal with multiple convictions?

Michael Anderson of Jefferson County, Kentucky is in this exact situation. Another Michael Anderson also born on January 7, 1966 has an extensive criminal record (including assault and indecent behavior with a minor).

When the innocent Michael Anderson goes to apply for employment, the employer's background check uncovers the criminal's file, and job offers are routinely withdrawn. This file mix-up has cost Michael thousands in lost income due to background checks he didn't pass.

This isn't a traditional case of identity theft, where someone intentionally steals Michael's personal information. Rather, it's just an unhappy coincidence that continues to make Michael's life a nightmare. You could call it "unintentional criminal identity theft."

Unfortunately for Michael, criminal records are one item that don't fall off the radar easily or quickly. It will be an uphill battle for Michael to get a clean slate, especially since the criminal seems to have gotten a hold of Michael's Social Security number, further intertwining their personal data. 

The basic problem: A mixed public record file due to similar personal information. 

To avoid this problem: When it involves someone else's criminal history, you should file a police report and ask that your identity be distinguished from the criminal's. If possible, contact the police department that originally arrested the criminal. Filing a police report is a key step that will allow you to place an extended fraud alert on your credit file, which will block the reporting of fraudulent data. Filing a police report will also allow you to be proactive with potential employers. Explain to them what they may find when they run a background check and provide them with a copy of the police report to prove your case.

Also consider enrolling in a service that monitors your credit, as well as any public records and cyber activity in which your personal information comes up.

Additional resources for those who are suffering from mixed files:

Employment Background Checks: A Jobseeker's Guide

Identity Theft: The Growing Problem of Wrongful Criminal Records

Your Rights Under the Fair Credit Reporting Act