This bill establishes a legal process for victims of identity theft to obtain a judicial determination of their factual innocence. It allows individuals who believe they are victims of identity theft to petition the court for an expedited ruling if they have been wrongfully charged, arrested, or convicted under their identity, or if their identity has been mistakenly linked to a criminal record. If the court finds the petition valid and determines that the victim did not commit the alleged offense, it will issue a certification of factual innocence. Additionally, the court may order that the victim's name and personal information in public records be deleted, sealed, or labeled to indicate that it does not reflect the defendant's identity.
Furthermore, the bill mandates the Administrative Office of the Courts (AOC) to create and maintain a database of individuals who have been victims of identity theft and have received factual innocence determinations. Access to this database will be restricted to criminal justice agencies, the victims themselves, and other authorized entities. The AOC is also tasked with establishing a toll-free number to provide information to victims regarding their status in the database. To be included in the database, victims must submit a court order, fingerprints, and other required information, which the AOC will verify against records maintained by the New Jersey Motor Vehicle Commission.