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2018 SESSION
18101881DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-186.5 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-186.5. Expungement of false identity information from police and court records; Identity Theft Passport.
A. Any person whose name or other identification has
been used without his consent or authorization by another person who has been
charged or arrested using such name or identification may file a petition with
the court for relief pursuant to § 19.2-392.2. A person who has petitioned the
court pursuant to § 19.2-392.2 as a result of a violation of § 18.2-186.3, may
submit to the Attorney General a certified copy of a court order obtained
pursuant to § 19.2-392.2. Upon receipt by the Attorney General of a certified
copy of the court order and upon request by such person, the Office of the
Attorney General, in cooperation with the State Police, may issue an
"Identity Theft Passport" stating that such an order has been
submitted. The Office of the Attorney General shall provide access to identity
theft information to (i) criminal justice agencies and (ii) individuals who
have submitted a court order pursuant to this section subsection.
B. Any person whose name or other identification has been
used without his consent or authorization by another person may file with the
Attorney General a [ certified ] copy of a police
report showing that he has reported to a law-enforcement agency that his name
or other identification has been used without his consent or authorization by
another person. Upon receipt by the Attorney General of a [ certified
] copy of the police report and upon request by such person, the Office
of the Attorney General, in cooperation with the State Police, may issue an
Identity Theft Passport stating that such a police report has been submitted.
The Office of the Attorney General shall provide access to identity theft
information to (i) criminal justice agencies and (ii) individuals who have
submitted a [ certified ] copy of a police report
pursuant to this subsection.
C. When the Office of the Attorney General issues an Identity Theft Passport, it shall transmit a record of the issuance of the passport, and indicate under which subsection the passport was issued, to the Department of Motor Vehicles. The Department shall note on the individual's driver abstract that a court order was obtained pursuant to § 19.2-392.2 or a police report was filed and that an Identity Theft Passport has been issued. The provisions of § 2.2-3808 shall not apply to this section.