Expungement in the State of Alaska

 

In Alaskan law, the language makes it clear that the state considers the expungement of individuals’ criminal records to be a favor that the court is allowed to grant, not a right that every person is entitled to. In fact, just because someone requests an expungement does not mean that it will be given to them. If the expungement is not seen to be in the favor of society, or sometimes even if something just isn’t filed correctly, it’s quite possible that the powers that be will deny it.

 

So why go to all the trouble of getting a record expunged? Because whenever you attempt to apply for a new job or license, you have to go through a background check, and having a criminal record can make it difficult – and in some cases impossible – to qualify for certain licenses and a large number of jobs. You want that criminal record to be clean if at all possible.

 

The way that Alaska handles expungement is that the record itself continues to exist, but it is erased from the view of the public. Those doing background checks on you simply won’t know it’s there.

 

How can you have a criminal record expunged in Alaska?

 

You must submit a written request to the head of the agency in charge of maintaining past convictions and the information of current offenders, asking them to seal information relating to your arrest or conviction. Be sure to double check all paperwork before you send the request since, as mentioned above, the agency head can deny your request simply for making an error. He or she will look over your request and make a determination.

 

What will be sealed, and what does that mean?

 

How much of the information related to your case is sealed depends on the case itself, and that doesn’t mean that the record is gone forever. In fact, it can be accessed for a number of reasons by a variety of people. These include:

 

• Access for auditing
• Access for employment in criminal justice
• Access for the purpose of research and statistics
• Access to prevent potential imminent harm to another person
• Access authorized by court order
• Access by you to review the record

 

For underage violators, the Alaskan court maintains all criminal records, but automatically seals them when charged minors turn eighteen years of age. However, if there is later probable cause to do so, all records – including juvenile ones – can be unsealed and made available.

 

Who is eligible for expungment in Alaska?

 

Alaskan law only allows expungement for people involved in identity theft or other cases of mistaken identity. Those whose crimes do not fall under that category may be eligible for other types of record removal, such as pardoning. Both misdemeanors and felonies in Alaska will only be expunged if the governor grants a pardon to the accused or if some kind of mistake was made.

 

One additional possibility for sealing records is available to those convicted of driving under the influence. Along with expungement following a pardon or the discovery of a mistake, DUI convictions can be expunged following a reversal under warrant.

 

What about records that cannot be expunged?

 

The Alaska governor always has the power to pardon crimes, and this has the same effect as sealing a record. The public will not be able to view the crime, and you will not be barred from licenses or jobs due to a background check. It’s as if the conviction didn’t happen.

 

However, you should know that if you are ever convicted of another crime, both expunged and pardoned crimes are usually counted as priors, which can mean that you will receive harsher sentencing than if this was your first offense. This is especially true if the current conviction is for the same kind of crime as the one you previously had been pardoned for or had expunged.

 

If you are looking to expunge your criminal record, you can hire an Alaska attorney to help you through the process.