Verified answer

Both of these have two clauses, and the first clause is the same--in the simple past. "As if I were a criminal" means "I am not a criminal." "As if I were a criminal" is the unreal present. Because the first clause is in the past, we know the whole thing took place in the past. But, for example, some things are always true: True: I am female. If I want to talk about the past, I still use this form. They treated me as if I were male. Other examples of the unreal present: If I were five years old, I would go to kindergarten. If I were in Hawaii now, I would be wearing a bathing suit. If I were ten feet tall, I could wash that window.

"As if I had been a criminal" means "I was not a criminal."