When, in the course of any proceedings, the public prosecutor or investigating judge finds that an individual has been convicted under a false identity or has usurped a civil status, the necessary rectifications are immediately made ex officio at the behest of the public prosecutor before the proceedings are closed.
The rectification is requested by petition to the president of the court or tribunal that handed down the decision. If the decision was handed down by an assize court, the request is submitted to the president of the investigating chamber or to the investigating chamber.
The president communicates the request to the public prosecutor and appoints a magistrate to make the report. The hearings take place and the judgment is given in chambers. The court or tribunal may order that the person against whom the conviction has been made be summoned.
If the application is granted, the costs shall be borne by the person who was the cause of the entry being recognised as erroneous if he has been called in the proceedings.
Any person wishing to have an entry in their criminal record rectified may take the same action. In the event that the application is rejected, the applicant shall be ordered to pay the costs.
Mention of the decision shall be made in the margin of the judgment or ruling covered by the application for rectification.
The same procedure is applicable in the event of a dispute as to the legal rehabilitation, or difficulties raised by the interpretation of an amnesty law, under the terms of the third paragraph of article 769.