18.2-186.5 - Expungement of false identity information from police and court records; Identity Theft Passport.

§ 18.2-186.5. Expungement of false identity information from police and courtrecords; Identity Theft Passport.

Any person whose name or other identification has been used without hisconsent or authorization by another person who has been charged or arrestedusing such name or identification may file a petition with the court forrelief pursuant to § 19.2-392.2. A person who has petitioned the courtpursuant to § 19.2-392.2 as a result of a violation of § 18.2-186.3, maysubmit to the Attorney General a certified copy of a court order obtainedpursuant to § 19.2-392.2. Upon receipt by the Attorney General of a certifiedcopy of the court order and upon request by such person, the Office of theAttorney General, in cooperation with the State Police, shall issue an"Identity Theft Passport" stating that such an order has been submitted.The Office of the Attorney General shall provide access to identity theftinformation to (i) criminal justice agencies and (ii) individuals who havesubmitted a court order pursuant to this section. When the Office of theAttorney General issues an Identity Theft Passport, it shall transmit arecord of the issuance of the passport to the Department of Motor Vehicles.The Department shall note on the individual's driver abstract that a courtorder was obtained pursuant to § 19.2-392.2 and that an Identity TheftPassport has been issued.

(2003, cc. 914, 918; 2004, c. 450; 2006, c. 298.)