                                 CODE OF VIRGINIA

EXPUNGEMENT OF FALSE IDENTITY INFORMATION FROM POLICE AND COURT RECORDS;
IDENTITY THEFT PASSPORT (§ 18.2-186.5)

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 &#xA7; 19.2-392.2. A person who has petitioned the court pursuant to
&#xA7; 19.2-392.2 as a result of a violation of &#xA7; 18.2-186.3, may submit to
the Attorney General a certified copy of a court order obtained pursuant to
&#xA7; 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 &#8220;Identity
Theft Passport&#8221; 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. 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.

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&#8217;s driver abstract that a court
order was obtained pursuant to &#xA7; 19.2-392.2 or a police report was filed
and that an Identity Theft Passport has been issued. The provisions of &#xA7;
2.2-3808 shall not apply to this section.

HISTORY: 2003, cc. 914, 918; 2004, c. 450; 2006, c. 298; 2011, c. 619; 2018, c.
577.