Overview Description

Records relating to an offense containing the name of an identity theft victim as the perpetrator of the crime can be deleted or sealed after the court has issued a determination of factual innocence. Cal. Pen. Code § 530.6(b), (c).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The local law enforcement agency must be contacted to begin an investigation of the facts. The petition must be filed in court. Cal. Pen. Code § 530.6(a), (b).

Fees

There is no statutory language regarding fees.

Effect

After issuing a determination of factual innocence, the court can order the personal identifying information contained in court records, files, and indexes deleted, sealed, or labeled to show the data is impersonated and does not reflect the petitioner's identity. Cal. Pen. Code § 530.6(c).

Forms

Waiting Periods

There is no statutory language regarding waiting periods.

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