{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-186.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-186.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-186.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-186.5.html"}],"law_id":63464,"edition_id":1,"section_id":63464,"structure_id":14590,"section_number":"18.2-186.5","catch_line":"Expungement of false identity information from police and court records; Identity Theft Passport","history":"2003, cc. 914, 918; 2004, c. 450; 2006, c. 298; 2011, c. 619; 2018, c. 577.","full_text":"A\n\nAny 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 subsection.B\n\nAny person whose name or other identification has been used without his consent or authorization by another person may file with the Attorney General a 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 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 copy of a police report pursuant to this subsection.C\n\nWhen 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.","order_by":null,"text":{"0":{"id":231235,"text":"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 subsection.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":231236,"text":"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 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 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 copy of a police report pursuant to this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":231237,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14590,"edition_id":1,"name":"False Representations to Obtain Property or Credit","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":13358,"metadata":{},"date_created":"2026-06-26 03:48:47","date_modified":"2026-06-26 03:48:47","permalink":{"id":166089,"object_type":"structure","relational_id":14590,"identifier":"5","token":"18.2\/6\/5","url":"\/18.2\/6\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13358,"edition_id":1,"name":"Crimes Involving Fraud","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":165933,"object_type":"structure","relational_id":13358,"identifier":"6","token":"18.2\/6","url":"\/18.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70856,"structure_id":14590,"section_number":"18.2-186","catch_line":"False statements to obtain property or credit","url":"\/18.2-186\/","token":"18.2\/6\/5\/18.2-186","metadata":false},{"id":70659,"structure_id":14590,"section_number":"18.2-186.1","catch_line":"Repealed","url":"\/18.2-186.1\/","token":"18.2\/6\/5\/18.2-186.1","metadata":false},{"id":75819,"structure_id":14590,"section_number":"18.2-186.2","catch_line":"False statements or failure to disclose material facts in order to obtain aid or benefits under any local, state or federal housing assistance program","url":"\/18.2-186.2\/","token":"18.2\/6\/5\/18.2-186.2","metadata":false},{"id":73403,"structure_id":14590,"section_number":"18.2-186.3","catch_line":"Identity theft; penalty; restitution; victim assistance","url":"\/18.2-186.3\/","token":"18.2\/6\/5\/18.2-186.3","metadata":false},{"id":68386,"structure_id":14590,"section_number":"18.2-186.3:1","catch_line":"Identity fraud; consumer reporting agencies; police reports","url":"\/18.2-186.3_1\/","token":"18.2\/6\/5\/18.2-186.3_1","metadata":false},{"id":86000,"structure_id":14590,"section_number":"18.2-186.4","catch_line":"Use of a person's identity with the intent to coerce, intimidate, or harass; penalty","url":"\/18.2-186.4\/","token":"18.2\/6\/5\/18.2-186.4","metadata":false},{"id":74122,"structure_id":14590,"section_number":"18.2-186.4:1","catch_line":"Internet publication of personal information of certain public officials","url":"\/18.2-186.4_1\/","token":"18.2\/6\/5\/18.2-186.4_1","metadata":false},{"id":63464,"structure_id":14590,"section_number":"18.2-186.5","catch_line":"Expungement of false identity information from police and court records; Identity Theft Passport","url":"\/18.2-186.5\/","token":"18.2\/6\/5\/18.2-186.5","metadata":false},{"id":64651,"structure_id":14590,"section_number":"18.2-186.6","catch_line":"Breach of personal information notification","url":"\/18.2-186.6\/","token":"18.2\/6\/5\/18.2-186.6","metadata":false},{"id":56090,"structure_id":14590,"section_number":"18.2-187","catch_line":"Repealed","url":"\/18.2-187\/","token":"18.2\/6\/5\/18.2-187","metadata":false},{"id":64355,"structure_id":14590,"section_number":"18.2-187.1","catch_line":"Obtaining or attempting to obtain oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service without payment; penalty; civil liability","url":"\/18.2-187.1\/","token":"18.2\/6\/5\/18.2-187.1","metadata":false},{"id":72422,"structure_id":14590,"section_number":"18.2-187.2","catch_line":"Audiovisual recording of motion pictures unlawful; penalty","url":"\/18.2-187.2\/","token":"18.2\/6\/5\/18.2-187.2","metadata":false},{"id":64840,"structure_id":14590,"section_number":"18.2-188","catch_line":"Defrauding hotels, motels, campgrounds, boardinghouses, etc","url":"\/18.2-188\/","token":"18.2\/6\/5\/18.2-188","metadata":false},{"id":61566,"structure_id":14590,"section_number":"18.2-188.1","catch_line":"Defrauding person having a lien on an animal; penalty","url":"\/18.2-188.1\/","token":"18.2\/6\/5\/18.2-188.1","metadata":false},{"id":78241,"structure_id":14590,"section_number":"18.2-189","catch_line":"Defrauding keeper of motor vehicles or watercraft","url":"\/18.2-189\/","token":"18.2\/6\/5\/18.2-189","metadata":false},{"id":76832,"structure_id":14590,"section_number":"18.2-190","catch_line":"Fraudulent misrepresentation as to breed of bull or cattle","url":"\/18.2-190\/","token":"18.2\/6\/5\/18.2-190","metadata":false}],"previous_section":{"id":74122,"structure_id":14590,"section_number":"18.2-186.4:1","catch_line":"Internet publication of personal information of certain public officials","url":"\/18.2-186.4_1\/","token":"18.2\/6\/5\/18.2-186.4_1","metadata":false},"next_section":{"id":64651,"structure_id":14590,"section_number":"18.2-186.6","catch_line":"Breach of personal information notification","url":"\/18.2-186.6\/","token":"18.2\/6\/5\/18.2-186.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-186.5\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapters 914<\/a> and 918<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2004, chapter 450<\/a>; in 2006, chapter 298<\/a>; in 2011, chapter 619<\/a>; in 2018, chapter 577<\/a>.<\/p>","references":false,"refers_to":[{"id":73403,"section_number":"18.2-186.3","catch_line":"Identity theft; penalty; restitution; victim assistance","order_by":null,"url":"\/18.2-186.3\/"},{"id":77838,"section_number":"19.2-392.2","catch_line":"(Effective July 1, 2026) Expungement of police and court records","order_by":null,"url":"\/19.2-392.2\/"},{"id":86548,"section_number":"2.2-3808","catch_line":"Collection, disclosure, or display of social security number; personal identifying information of donors; penalty","order_by":null,"url":"\/2.2-3808\/"}],"permalink":{"id":166119,"object_type":"law","relational_id":63464,"identifier":"18.2-186.5","token":"18.2\/6\/5\/18.2-186.5","url":"\/18.2-186.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-186.5\/","token":"18.2\/6\/5\/18.2-186.5","dublin_core":{"Title":"Expungement of false identity information from police and court records; Identity Theft Passport","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-186.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 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<\/span> with the court for relief pursuant to § 19.2-392.2<\/a>. A person who has petitioned the court pursuant to § 19.2-392.2<\/a> as a result of a violation of § 18.2-186.3<\/a>, may submit to the Attorney General<\/span> a certified copy of a court order<\/span> obtained pursuant to § 19.2-392.2<\/a>. Upon receipt by the Attorney General<\/span> of a certified copy of the court order<\/span> and upon request by such person, the Office of the Attorney General<\/span>, in cooperation with the State Police, may issue<\/span> an “Identity Theft Passport” stating that such an order has been submitted. The Office of the Attorney General<\/span> shall provide access to identity theft information to (i) criminal justice agencies and (ii) individuals who have submitted a court order<\/span> pursuant to this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person whose name or other identification has been used without his consent or authorization by another person may file with the Attorney General<\/span> a copy of a police report showing that he has reported to a law<\/span>-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<\/span> of a copy of the police report and upon request by such person, the Office of the Attorney General<\/span>, in cooperation with the State Police, may issue<\/span> an Identity Theft Passport stating that such a police report has been submitted. The Office of the Attorney General<\/span> shall provide access to identity theft information to (i) criminal justice agencies and (ii) individuals who have submitted a copy of a police report pursuant to this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When the Office of the Attorney General<\/span> issues<\/span> 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<\/span> was obtained pursuant to § 19.2-392.2<\/a> or a police report was filed and that an Identity Theft Passport has been issued. The provisions of § 2.2-3808<\/a> shall not apply to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXPUNGEMENT OF FALSE IDENTITY INFORMATION FROM POLICE AND COURT RECORDS;\nIDENTITY THEFT PASSPORT (\u00a7 18.2-186.5)\n\nA. Any person whose name or other identification has been used without his\nconsent or authorization by another person who has been charged or arrested\nusing such name or identification may file a petition with the court for relief\npursuant to § 19.2-392.2. A person who has petitioned the court pursuant to\n§ 19.2-392.2 as a result of a violation of § 18.2-186.3, may submit to\nthe Attorney General a certified copy of a court order obtained pursuant to\n§ 19.2-392.2. Upon receipt by the Attorney General of a certified copy of\nthe court order and upon request by such person, the Office of the Attorney\nGeneral, in cooperation with the State Police, may issue an “Identity\nTheft Passport” stating that such an order has been submitted. The Office\nof the Attorney General shall provide access to identity theft information to\n(i) criminal justice agencies and (ii) individuals who have submitted a court\norder pursuant to this subsection.\n\nB. Any person whose name or other identification has been used without his\nconsent or authorization by another person may file with the Attorney General a\ncopy of a police report showing that he has reported to a law-enforcement agency\nthat his name or other identification has been used without his consent or\nauthorization by another person. Upon receipt by the Attorney General of a copy\nof the police report and upon request by such person, the Office of the Attorney\nGeneral, in cooperation with the State Police, may issue an Identity Theft\nPassport stating that such a police report has been submitted. The Office of the\nAttorney General shall provide access to identity theft information to (i)\ncriminal justice agencies and (ii) individuals who have submitted a copy of a\npolice report pursuant to this subsection.\n\nC. When the Office of the Attorney General issues an Identity Theft Passport, it\nshall transmit a record of the issuance of the passport, and indicate under\nwhich subsection the passport was issued, to the Department of Motor Vehicles.\nThe Department shall note on the individual’s driver abstract that a court\norder was obtained pursuant to § 19.2-392.2 or a police report was filed\nand that an Identity Theft Passport has been issued. The provisions of §\n2.2-3808 shall not apply to this section.\n\nHISTORY: 2003, cc. 914, 918; 2004, c. 450; 2006, c. 298; 2011, c. 619; 2018, c.\n577.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}