Section 45.48.620. Criteria for determination; court order.

   (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.

Authorities

45.48.630;45.48.640;45.48.650;45.48.660

Notes

References

AS 45.48.630 Orders regarding records.
AS 45.48.640 Vacation of determination.
AS 45.48.650 Court form.
AS 45.48.660 Database.

History

(Sec. 4 ch 92 SLA 2008)