CALIFORNIA CODES
PENAL CODE
SECTION 530.6 Victims of Suspected Identity Theft May Initate Investigations
and Petition Court for Determination of Factual Innocence 



530.6.  (a) A person who has learned or reasonably suspects that his
or her personal identifying information has been unlawfully used by
another, as described in subdivision (a) of Section 530.5, may
initiate a law enforcement investigation by contacting the local law
enforcement agency that has jurisdiction over his or her actual
residence or place of business, which shall take a police report of
the matter, provide the complainant with a copy of that report, and
begin an investigation of the facts. If the suspected crime was
committed in a different jurisdiction, the local law enforcement
agency may refer the matter to the law enforcement agency where the
suspected crime was committed for further investigation of the facts.

   (b) A person who reasonably believes that he or she is the victim
of identity theft may petition a court, or the court, on its own
motion or upon application of the prosecuting attorney, may move, for
an expedited judicial determination of his or her factual innocence,
where the perpetrator of the identity theft was arrested for, cited
for, or convicted of a crime under the victim's identity, or where a
criminal complaint has been filed against the perpetrator in the
victim's name, or where the victim's identity has been mistakenly
associated with a record of criminal conviction. Any judicial
determination of factual innocence made pursuant to this section may
be heard and determined upon declarations, affidavits, police
reports, or other material, relevant, and reliable information
submitted by the parties or ordered to be part of the record by the
court. Where the court determines that the petition or motion is
meritorious and that there is no reasonable cause to believe that the
victim committed the offense for which the perpetrator of the
identity theft was arrested, cited, convicted, or subject to a
criminal complaint in the victim's name, or that the victim's
identity has been mistakenly associated with a record of criminal
conviction, the court shall find the victim factually innocent of
that offense. If the victim is found factually innocent, the court
shall issue an order certifying this determination.
   (c) After a court has issued a determination of factual innocence
pursuant to this section, the court may order the name and associated
personal identifying information contained in court records, files,
and indexes accessible by the public deleted, sealed, or labeled to
show that the data is impersonated and does not reflect the defendant'
s identity.
   (d) A court that has issued a determination of factual innocence
pursuant to this section may at any time vacate that determination if
the petition, or any information submitted in support of the
petition, is found to contain any material misrepresentation or
fraud.
   (e) The Judicial Council of California shall develop a form for
use in issuing an order pursuant to this section.
   (f) For purposes of this section,"person" means a natural person,
firm, association, organization, partnership, business trust,
company, corporation, limited liability company, or public entity.