(a) A court may determine that a petitioner under AS 45.48.600 is factually innocent of a crime if the court finds beyond a reasonable doubt that
(1) the petitioner is a victim of identity theft;
(2) the petitioner did not commit the offense for which the perpetrator of the identity theft was arrested, cited, or convicted;
(3) the petitioner filed a criminal complaint against the perpetrator of the identity theft; and
(4) the petitioner's identity was mistakenly associated with a record of conviction for the crime.
(b) If a court finds under this section that the victim is factually innocent of a crime, the court shall issue an order indicating this determination of factual innocence and shall provide the victim with a copy of the order.
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.