Allows identity theft victims to petition for judicial determination of factual innocence.

S3834

SENATE, No. 3834

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Senator� LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Allows identity theft victims to petition for
judicial determination of factual innocence.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning identity theft and supplementing Title 2C of the New Jersey
Statutes.

����
Be It Enacted
by the Senate and General Assembly of the State of New
Jersey:

���� 1.��� a.� A person who
reasonably believes that he is the victim of identity theft in violation of�
N.J.S.2C:21-1, section 1 of P.L.1983, c.565 (C.2C:21-2.1), or N.J.S.2C:21-17
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 factual innocence, where a defendant was charged with, arrested for, or
convicted of a crime under the victim's identity, or where a criminal complaint
has been filed against a defendant 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 a defendant was
arrested, charged, 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.

���� b.��� 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 be deleted, sealed,
or labeled to show that the data is impersonated and does not reflect the
defendant's identity.

���� c.���� Upon making a
determination of factual innocence, the court shall provide the victim written
documentation of the order.

���� 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 Administrative
Office of the Courts shall develop a form for use in issuing an order pursuant
to this section.

���� f.���� The Administrative
Office of the Courts shall establish and maintain a database of persons who
have been victims of identity theft and that have received determinations of
factual innocence.� The Administrative Office of the Courts shall provide a
victim of identity theft or his authorized representative access to the
database in order to establish that the person has been a victim of identity
theft.� Access to the database shall be limited to criminal justice agencies,
victims of identity theft, and any other persons and agencies authorized by the
victims.

���� g.��� The Administrative
Office of the Courts shall establish and maintain a toll free number to provide
access to information under subsection f. of this section.

���� h.��� In order for a victim of
identity theft to be included in the database established pursuant to
subsection f. of this section, he shall submit to the Administrative Office of
the Courts a court order, a full set of fingerprints, and any other information
prescribed by the� Administrative Office of the Courts.

���� i.���� Upon receiving
information pursuant to subsection h. of this section, the Administrative
Office of the Courts shall verify the identity of the victim against any
driver's license or other identification record maintained by the New Jersey
Motor Vehicle Commission.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill would establish a
procedure whereby a victim of identity theft could obtain a factual
determination of innocence.�

���� Under the provisions of the
bill, a person who reasonably believes that he or she is a victim of identity
theft, or the court on its motion or upon application by the prosecuting
attorney, may move for an expedited judicial determination of the victim�s factual
innocence if a defendant has been arrested for, charged with, or convicted of a
crime under the victim�s identity or if a criminal complaint has been filed
against a defendant in the victim's name or if� the victim�s identity has been
mistakenly associated with a record of criminal conviction.� If the court
determines that the petition or motion is meritorious and that the victim has
not committed the offense, the court shall issue a judicial determination of
factual innocence.� After an order has been issued, the court may order that
the name and personal identifying information of the victim contained in court
records, files, and indexes be deleted, sealed, or labeled to show that the
data is impersonated and does not reflect the defendant's identity.

���� This bill would also require
the Administrative Office of the Courts (AOC) to establish and maintain a
database of persons who have been victims of identity theft and who have
received determinations of factual innocence.� Access to the database would be
limited to criminal justice agencies, victims of identity theft, and any other
persons and agencies authorized by the victims.� The AOC would also be required
to establish a toll free number to provide access to information to victims of
identity theft.