(a) A victim of identity theft may petition the superior court for a determination that the victim is factually innocent of a crime if
(1) the perpetrator of the identity theft was arrested for, cited for, or convicted of the crime using the victim's identity;
(2) a criminal complaint was filed against the perpetrator of the identity theft; and
(3) the victim's identity was mistakenly associated with a record of a conviction for a crime.
(b) In addition to a petition by a victim under (a) of this section, the department may petition the superior court for a determination under (a) of this section, or the superior court may, on its own motion, make a determination under (a) of this section.
Structure Alaska Statutes
Chapter 48. Personal Information Protection Act
Sec. 45.48.600. Factual declaration of innocence after identity theft.
Sec. 45.48.610. Basis for determination.
Sec. 45.48.620. Criteria for determination; court order.
Sec. 45.48.630. Orders regarding records.
Sec. 45.48.640. Vacation of determination.
Sec. 45.48.670. Toll-free telephone number.
Sec. 45.48.680. Right to file police report regarding identity theft.