A. A person, or a prosecuting agency on behalf of the person, may petition the superior court for a judicial determination of the person's factual innocence if as a result of the person’s personal identifying information being taken, the person's name was either:

1. 1. Used by another person who was arrested, cited or charged with a criminal offense.
2. 2. Entered as of record in a judgment of guilt in a criminal case.

E. If a charge was filed:

1. 1. The petition, if filed by the person, shall be served on the prosecuting agency and, if applicable, a copy of the petition shall be provided to the defense attorney.
2. 2. The prosecuting agency, on the filing of the petition, shall provide notice to all victims pursuant to section 13-4440.

H. On a finding of factual innocence the court shall notify the following, if applicable:

1. 1. The person.
2. 2. The prosecuting agency.
3. 3. The law enforcement agency.
4. 4. The defense attorney.