§ 51-31-04 — Police reports - Judicial determination of factual innocence

1. An individual who has learned or reasonably suspects that the individual's personal
identifying information has been unlawfully used by another, as described in section
12.1-23-11, may initiate a law enforcement investigation by contacting the local law

enforcement agency that has jurisdiction over the individual's residence or any other
jurisdiction in which any part of the offense occurred. The law enforcement agency
shall take a report of the matter, provide the individual with a copy of that report, and
begin an investigation of the facts. If the suspected crime was committed in a different
jurisdiction, the local law enforcement agency may refer the matter to the law
enforcement agency where the suspected crime was committed for further
investigation of the facts.
2. An individual who reasonably believes that the individual is the victim of identity theft
may petition the district court in the county in which the alleged victim resides or in
which the identity theft is alleged to have occurred, or the court, on its own motion or
upon application of the state's attorney, may move for an expedited judicial
determination of the individual's factual innocence, if the perpetrator of the identity theft
was arrested, cited, or convicted of a crime under the victim's identity, if a criminal
complaint has been filed against the perpetrator in the victim's name, or if the victim's
identity has been mistakenly associated with a record of criminal conviction. Any
judicial determination of factual innocence made under this section may be heard and
determined upon declarations, affidavits, police reports, or other material, relevant, and
reliable information submitted by the parties or ordered to be part of the record by the
court. If the court determines that the petition or motion is meritorious and that there is
no reasonable cause to believe that the victim committed the offense for which the
perpetrator of the identity theft was arrested, cited, convicted, or subject to a criminal
complaint in the victim's name, or that the victim's identity has been mistakenly
associated with a record of criminal conviction, the court shall find the victim factually
innocent of that offense. If the victim is found factually innocent, the court shall issue
an order certifying that determination.
3. After a court has issued a determination of factual innocence under this section, the
court may order the name and associated personal identifying information contained in
court records, files, and indexes accessible by the public deleted, sealed, or labeled to
show that the data is impersonated and does not reflect the defendant's identity.
4. A court that has issued a determination of factual innocence under this section may
vacate that determination if the petition or any information submitted in support of the
petition is found to contain any material misrepresentation or fraud.