(a) A court may determine that a petitioner under AS 45.48.600 is factually innocent of a crime if the court finds beyond a reasonable doubt that (1) the petitioner is a victim of identity theft; (2) the petitioner did not commit the offense for which the perpetrator of the identity theft was arrested, cited, or convicted; (3) the petitioner filed a criminal complaint against the perpetrator of the identity theft; and (4) the petitioner's identity was mistakenly associated with a record of conviction for the crime. (b) If a court finds under this section that the victim is factually innocent of a crime, the court shall issue an order indicating this determination of factual innocence and shall provide the victim with a copy of the order.
Alaska Legal Code