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Home » US Law » 2022 Alaska Statutes » Title 45. Trade and Commerce » Chapter 48. Personal Information Protection Act » Article 5. Factual Declaration of Innocence after Identity Theft; Right to File Police Report Regarding Identity Theft.

Sec. 45.48.600. Factual declaration of innocence after identity theft.

(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 […]

Sec. 45.48.610. Basis for determination.

A determination of factual innocence under AS 45.48.600 may be heard and made on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made a part of the record by the court.

Sec. 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 […]

Sec. 45.48.630. Orders regarding records.

After a court issues an order under AS 45.48.620, the court may order the name and associated personal information of the victim of identity theft that is contained in the files, indexes, and other records of the court that are accessible by the public labeled to show that the name and personal information of the […]

Sec. 45.48.640. Vacation of determination.

A court that has issued an order under AS 45.48.620 may, at any time, vacate the order if the petition, or any information submitted in support of the petition, is found to contain a material misrepresentation, an omission, or false information.

Sec. 45.48.660. Database.

The department may establish and maintain a database of individuals who have been victims of identity theft and who have received an order under AS 45.48.620. The department shall provide a victim or the victim’s authorized representative access to a database established under this section to establish that the individual has been a victim of […]

Sec. 45.48.680. Right to file police report regarding identity theft.

(a) Even if the local law enforcement agency does not have jurisdiction over the theft of an individual’s identity, if an individual who has learned or reasonably suspects the individual has been the victim of identity theft contacts, for the purpose of filing a complaint, a local law enforcement agency that has jurisdiction over the […]

Sec. 45.48.690. Definitions.

In AS 45.48.600 – 45.48.690, (1) “crime” has the meaning given in AS 11.81.900; (2) “department” means the Department of Law; (3) “perpetrator” means the person who perpetrated the theft of an individual’s identity; (4) “victim” means an individual who is the victim of identity theft.