(a) A victim of identity theft may petition the superior court for a determination that the victim is factually innocent of a crime if (1) the perpetrator of the identity theft was arrested for, cited for, or convicted of the crime using the victim's identity;
(2) a criminal complaint was filed against the perpetrator of the identity theft; and
(3) the victim's identity was mistakenly associated with a record of a conviction for a crime.
(b) In addition to a petition by a victim under (a) of this section, the department may petition the superior court for a determination under (a) of this section, or the superior court may, on its own motion, make a determination under (a) of this section.