Okla. Stat. tit. 22, § 22-19b

A. For purposes of protecting persons who are the victims of

identity theft, there is hereby created the “Oklahoma Identity Theft

Passport Program”. The Oklahoma State Bureau of Investigation

(OSBI) shall administer the Oklahoma Identity Theft Passport

Program, prescribe procedures and policies for issuing the identity

theft passport consistent with this act, and provide information to

law enforcement agencies explaining the program.

B. A person shall be eligible for an Oklahoma identity theft

passport if:

1. The person has obtained:

a. an order for expungement and sealing of records

pursuant to Sections 18 and 19 of Title 22 of the

Oklahoma Statutes on grounds that the person has been

charged or arrested or is the subject of an arrest

warrant for a crime that was committed by another

person who has appropriated or used the person’s name

or other identification without the person’s consent

or authorization, or

b. an order for expungement and sealing of records

pursuant to Section 2 of this act from a court that

dismissed a charge against the person on such grounds;

or

2. The person has filed an identity theft report with a

federal, state, or local law enforcement agency and has submitted a

copy of the identity theft report and an identity theft affidavit

with supporting documentation to one or more consumer reporting

agencies. For purposes of this act, “identity theft report”,

“identity theft affidavit”, and “consumer reporting agency” shall be

defined as provided in The Fair Credit Report Act, 15 United States

Code, Section 1681 et seq.

Oklahoma Statutes - Title 22. Criminal Procedure Page 41

C. To apply for an identity theft passport the person shall

submit to the OSBI a certified copy of a court order for expungement

and sealing of records or copies of an identity theft report and

identity theft affidavit that have been filed and submitted to a

consumer reporting agency. The OSBI may prescribe other application

requirements as deemed necessary.

D. The OSBI shall issue the identity theft passport unless the

OSBI finds reasonable cause not to issue the identity theft

passport. The identity theft passport shall state whether the

identity theft passport is issued on the basis of an order for

expungement or an identity theft report and affidavit having been

submitted to the OSBI.

E. Upon issuance of an identity theft passport, the OSBI shall

notify the Department of Public Safety. The identity theft passport

shall be attached to any records maintained by the OSBI or the

Department of Public Safety, including criminal history records for

purposes of criminal background checks and law enforcement

telecommunications checks. The record of an identity theft passport

shall be sealed except to law enforcement authorities.

F. The OSBI shall maintain records of identity theft passport

requests and issuances and may provide such information to law

enforcement agencies upon request of an agency or officer. Such

records in the possession of the OSBI or other law enforcement

agencies and officers shall not be public records and shall not be

subject to the Oklahoma Open Records Act.

G. The OSBI may prescribe a reasonable fee for processing

applications for identify theft passports by administrative rule.

H. The OSBI shall design the identity theft passport, which may

include picture identification.

I. An identity theft passport shall be used only for law

enforcement purposes, including criminal background checks and

similar public safety purposes. Financial institutions and other

private entities are not required to honor an identity theft

passport as proof of identity or proof of identity theft.