§ 40-12-509 — Factual declaration of innocence after identity theft

(a) A person who reasonably believes that he or she is the
victim of identity theft as defined by W.S. 6-3-901 may petition
a court, or the court, on its own motion or upon application of
the prosecuting attorney, may move for an expedited judicial
determination of his or her factual innocence, where the
perpetrator of the identity theft was arrested for, cited for or
convicted of a crime under the victim's identity, or where a
criminal complaint has been filed against the perpetrator in the
victim's name, or where the victim's identity has been
mistakenly associated with a record of criminal conviction. Any
judicial determination of factual innocence made pursuant to
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. Where 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 this determination.
(b) After a court has issued a determination of factual
innocence pursuant to subsection (a) of 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.
(c) Upon making a determination of factual innocence, the
court shall provide the consumer written documentation of the
order.
(d) A court that has issued a determination of factual
innocence pursuant to this section may at any time vacate that
determination if the petition, or any information submitted in
support of the petition, is found to contain any material
misrepresentation or fraud.
(e) The supreme court shall develop a form for use in
issuing an order pursuant to this section.
(f) The attorney general shall establish and maintain a
data base of individuals who have been victims of identity theft
and that have received determinations of factual innocence. The
attorney general shall provide a victim of identity theft or his
authorized representative access to the database in order to
establish that the individual has been a victim of identity
theft. Access to the database shall be limited to criminal
justice agencies, victims of identity theft and individuals and
agencies authorized by the victims.
(g) The attorney general shall establish and maintain a
toll free number to provide access to information under
subsection (f) of this section.
(h) In order for a victim of identity theft to be included
in the database established pursuant to subsection (f) of this
section, he shall submit to the attorney general a court order
obtained pursuant to this section, a full set of fingerprints
and any other information prescribed by the attorney general.
(j) Upon receiving information pursuant to subsection (h)
of this section, the attorney general shall verify the identity
of the victim against any driver's license or other
identification record maintained by the department of
transportation, division of motor vehicles.