Selected State Statutes: Alaska

Statutes: Alaska

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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 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.