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2011 SESSION
Be 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.
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, shall 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. When the Office of the
Attorney General issues an Identity Theft Passport, it shall transmit a record
of the issuance of the passport 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 and that an Identity Theft Passport has
been issued. The provisions of § 2.2-3808 shall not apply to this section.