Navigating a criminal record in Alaska can be complex, as the state has specific laws regarding what can be "set aside" or "sealed," which differ from the "expungement" processes found in many other states. The goal of these processes is often to help individuals overcome the collateral consequences of a criminal record, such as barriers to employment, housing, and occupational licensing. Here's a breakdown of Alaska's approach to criminal records and resources available for assistance: ### **ALASKA CRIMINAL RECORD HELP: SET-ASIDES, SEALING, & RESOURCES** **I. Understanding Alaska's Criminal Record Relief** Unlike many states that offer broad "expungement" (erasing or destroying records), Alaska primarily uses two mechanisms for record relief: 1. **Setting Aside a Conviction (AS 12.55.085(e)):** - **What it is:** This process applies to certain _convictions_. If a court suspends the imposition of a sentence (SIS) and the individual successfully completes a period of probation, the court _may_ "set aside" the conviction. - **Effect:** A set-aside means the conviction is essentially "vacated" or "removed" for many purposes. It does **not** erase, destroy, or seal the record from public view in all contexts. However, for certain employment and licensing purposes, a set-aside conviction might be treated as if it never occurred, subject to specific legal interpretations and employer policies. - **Eligibility:** This is generally limited to certain offenses and requires successful completion of probation. It's not available for all convictions. 2. **Sealing a Record (AS 12.62.180):** - **What it is:** Sealing makes a criminal record confidential to the general public. It's not destroyed, but access is restricted to authorized entities (like law enforcement or certain government agencies). - **Eligibility (Limited):** Sealing is primarily available for **non-conviction records** under very specific circumstances, such as: - **Acquittal or Dismissal:** When charges were dismissed (not as a result of a plea agreement) or the defendant was acquitted of all charges. There's usually a waiting period (e.g., 60 days) after the acquittal or dismissal. - **Mistaken Identity or False Accusation:** If the charges or conviction were based on proven mistaken identity or false accusation. Petitioners must provide evidence to the agency maintaining the records. - **No Probable Cause:** If charges were dismissed due to a lack of probable cause. - **Juvenile Records:** Records for juveniles tried as adults may be sealed after five years from sentence completion (excluding traffic offenses), upon petition to the Superior Court. - **Dismissed Protective Orders:** Domestic violence, stalking, or sexual assault protective order cases dismissed due to insufficient evidence that the petitioner was a victim. - **Effect:** A sealed record is generally not accessible to the public, including most employers or landlords conducting standard background checks. - **Process:** Typically requires completing a form ("Request to Seal a Criminal Justice Information") and providing evidence to the agency responsible for maintaining the records (e.g., Alaska Department of Public Safety). **Important Distinction:** - **No "Expungement" of Convictions:** Alaska law **does not** provide a mechanism for the full expungement or erasure of adult criminal convictions from a person's record. This means that a conviction, even if "set aside," may still be visible in some contexts (e.g., to law enforcement or for certain enhanced sentencing purposes). **III. Getting a Copy of Your Criminal Record** Before seeking relief, you may want to obtain a copy of your criminal history to understand what is on it. - **Alaska Department of Public Safety, Criminal Records and Identification Bureau (R&I):** This is the central repository for criminal history information in Alaska. - **How to Request:** You can request a name-based check ($20) or a fingerprint-based check ($35). Fingerprint-based checks are more comprehensive. You can do this in person at an Alaska State Trooper detachment, authorized local police agencies, or the R&I Bureau in Anchorage. You can also mail in requests. - **Contact:** - **Criminal Records and Identification Bureau:** - 5700 East Tudor Road, Anchorage, AK 99507 - Phone: (907) 269-5767 - Email: [email protected] - **Website (FAQs on background checks):** [https://dps.alaska.gov/statewide/r-i/background/faq](https://dps.alaska.gov/statewide/r-i/background/faq) **IV. Legal Help and Resources** Navigating Alaska's criminal record relief laws can be complex. Consulting with an attorney is highly recommended. 1. **Legal Aid Organizations (Free/Low-Cost):** - **Alaska Legal Services Corporation (ALSC):** Provides free civil legal assistance to eligible low-income individuals in Alaska, including some help with criminal record issues (sealing, set-asides). - **Phone:** (907) 272-9431 (Anchorage) or Toll-Free: 1-888-478-2572 (Outside Anchorage) - **Website:** [https://www.alsc-law.org/](https://www.alsc-law.org/) - **Legal Aid Services of Alaska (LASA):** Also offers free legal assistance to low-income individuals on criminal record matters. - **Phone:** (907) 272-9431 (Anchorage) or Toll-Free: 1-888-478-2572 - **Website:** [https://www.lasa.org/](https://www.lasa.org/) (Often shares resources with ALSC) 2. **Public Defender Agency:** - While primarily focused on representing individuals accused of crimes, the Public Defender Agency _may_ offer limited assistance or advice related to post-conviction relief. Their Appeals and Post Conviction Relief unit might be a starting point. - **Anchorage Office:** - 900 W. 5th Ave. Ste. 101, Anchorage, AK 99501 - **Main Phone:** (907) 334-4400 - **Toll-Free:** (800) 478-4404 - **Website:** [https://pda.doa.alaska.gov/contact-us/](https://pda.doa.alaska.gov/contact-us/) 3. **Alaska Bar Association - Lawyer Referral Service (LRS):** - If you don't qualify for free legal aid, the LRS can connect you with attorneys who specialize in criminal law or criminal record issues. The initial consultation typically has a reasonable fee (e.g., $125 for the first half-hour). - **Phone:** (907) 272-0352 - **Toll-Free in Alaska:** 1-800-770-9999 - **Email:** [email protected] - **Website:** [https://alaskabar.org/for-lawyers/lawyer-referral-service/](https://alaskabar.org/for-lawyers/lawyer-referral-service/) 4. **Alaska Court System - Self-Help Resources:** - The Alaska Court System website may have forms or information related to petitions to set aside convictions or seal records. - **Website:** [https://www.courts.alaska.gov/](https://www.courts.alaska.gov/) (Look for "Forms" or "Self-Help" sections related to criminal cases or post-conviction relief). - **Main Line:** (907) 264-8220 5. **National Resources (with Alaska Focus):** - **National Expungement Week (NEW) - Alaska Chapter:** This national initiative sometimes organizes events in Alaska to provide free legal assistance for individuals seeking to clear their criminal records. Check their website for event schedules. - **Website:** [https://expungementweek.org/](https://www.google.com/search?q=https://expungementweek.org/) - **RecordSealing.org:** A national organization providing general information about criminal record sealing and expungement, including state-specific guidance for Alaska. - **Website:** [https://recordsealing.org/](https://www.google.com/search?q=https://recordsealing.org/) - **ACLU of Alaska - Smart Justice Alaska:** This initiative advocates for criminal justice reforms, which may include efforts to reduce barriers for individuals with criminal records. - **Website:** [https://www.acluak.org/en/campaigns/smart-justice-alaska](https://www.acluak.org/en/campaigns/smart-justice-alaska) - **The Innocence Project of Alaska:** Primarily focuses on helping individuals who have been wrongfully convicted, but if your case involves a wrongful conviction, they may be a resource. - **Phone:** (907) 277-4047 - **Website:** [https://www.innocenceprojectak.org/](https://www.google.com/search?q=https://www.innocenceprojectak.org/) **V. Reentry Programs and Rehabilitation Support** Even if a record cannot be fully sealed or set aside, various programs exist to help individuals with criminal records successfully reenter society and overcome barriers. - **Alaska Department of Corrections - Reentry Programs:** The ADOC is committed to supporting individuals transitioning out of incarceration. - **Website:** [https://doc.alaska.gov/](https://www.google.com/search?q=https://doc.alaska.gov/) (Look for sections on "Reentry" or "Community Services"). - **Alaska Tribal Justice Resource Center - Reentry Programs:** Provides resources and information specific to tribal communities and reentry initiatives. - **Website:** [https://www.atjrc.org/reentry-programs/](https://www.atjrc.org/reentry-programs/) - **Local Community Resources:** Check with local community centers, non-profits, and faith-based organizations for programs offering job readiness, housing assistance, and support groups for individuals with past convictions. Navigating a criminal record in Alaska requires careful attention to the specific legal definitions and processes. Seeking professional legal advice is the most effective way to understand your options and pursue any available relief. If you or someone you know is seeking assistance with criminal records in Alaska, there are various resources that can help with expungement, sealing records, or navigating the legal system. Here are some resources available for individuals in Alaska: ### **1. Alaska Court System - Expungement Information** - **Purpose**: The Alaska Court System provides information on expungement and sealing of criminal records. Expungement is available for certain offenses, and sealing is an option for individuals who have completed their sentence and wish to clear their records. - **Contact**: - **Website**: [www.courts.alaska.gov](https://public.courts.alaska.gov) - **Phone**: **(907) 264-8220** (Alaska Court System Main Line) - **Services**: - Provides instructions and forms for petitioning for expungement of certain criminal records. - Offers guidance on who is eligible for expungement or sealing of records. - Gives information on how to file a motion to seal or expunge a record. --- ### **2. Alaska Legal Services Corporation (ALSC)** - **Purpose**: ALSC provides free legal aid to eligible low-income individuals in Alaska, including those seeking help with criminal records or expungement. - **Contact**: - **Phone**: **(907) 272-9431** (Anchorage) - **Toll-Free**: **1-888-478-2572** (Outside Anchorage) - **Website**: [www.alsc-law.org](https://www.alsc-law.org) - **Services**: - Provides legal assistance with criminal record sealing and expungement. - Offers help with understanding eligibility criteria and the legal process. - Offers consultations and representation for eligible individuals. --- ### **3. Alaska Department of Public Safety (DPS)** - **Purpose**: The Department of Public Safety provides background checks and manages the state’s criminal records database. They can provide information about accessing or reviewing criminal records. - **Contact**: - **Phone**: **(907) 269-5511** (Background Checks) - **Website**: [dps.alaska.gov](http://dps.alaska.gov) - **Services**: - Conducts background checks for employment, housing, and other purposes. - Offers guidance on the process for clearing or expunging criminal records from the database. - Provides instructions for requesting criminal history information. --- ### **4. The Innocence Project of Alaska** - **Purpose**: The Innocence Project of Alaska works to help individuals who have been wrongfully convicted and seek to clear their names. They focus on cases where DNA evidence or other factors suggest innocence. - **Contact**: - **Phone**: **(907) 277-4047** - **Website**: [www.innocenceprojectak.org](http://www.innocenceprojectak.org) - **Services**: - Works on cases of wrongful conviction and provides legal assistance to clear records for innocent individuals. - Offers support for individuals seeking to prove their innocence and address criminal records resulting from wrongful convictions. --- ### **5. Alaska Public Defender Agency** - **Purpose**: The Alaska Public Defender Agency offers legal representation for individuals accused of crimes. They may assist with criminal cases and issues related to criminal records. - **Contact**: - **Phone**: **(907) 265-3500** - **Website**: [defender.alaska.gov](https://publicdefender.alaska.gov) - **Services**: - Provides defense in criminal cases. - May assist with post-conviction matters, including efforts to expunge or seal criminal records for eligible individuals. --- ### **6. Alaska Justice for All (AJA)** - **Purpose**: Alaska Justice for All is an initiative to improve access to justice for individuals in Alaska, including those facing legal challenges related to criminal records. - **Contact**: - **Phone**: **(907) 222-6600** - **Website**: [justiceforall.org](https://www.justiceforall.org) - **Services**: - Provides a variety of legal resources, including information on criminal record expungement and sealing. - Offers online resources for those seeking to navigate the legal system, including help with criminal records. --- ### **7. National Expungement Week (NEE) - Alaska Chapter** - **Purpose**: National Expungement Week (NEE) is a nationwide initiative that aims to provide free legal assistance for individuals seeking to expunge or seal their criminal records. The Alaska chapter organizes events and provides resources for those in need. - **Contact**: - **Phone**: **1-877-303-2098** - **Website**: [expungementweek.org](https://www.expungementweek.org) - **Services**: - Hosts expungement clinics and events, offering free legal support and guidance for people seeking to clear their criminal records. - Provides workshops and resources about the expungement process. --- ### **8. RecordSealing.org (National Resource, Includes Alaska)** - **Purpose**: A national organization offering resources and information about criminal record sealing and expungement. They provide guidance for individuals in Alaska looking to clear their criminal records. - **Contact**: - **Website**: [recordsealing.org](https://www.recordsealing.org) - **Services**: - Provides step-by-step guidance on how to seal or expunge a criminal record. - Offers links to local legal resources and self-help tools. --- ### **9. Alaska Bar Association** - **Purpose**: The Alaska Bar Association is a professional organization for lawyers in the state. They provide a lawyer referral service that can connect individuals with attorneys who specialize in criminal record expungement and sealing. - **Contact**: - **Phone**: **(907) 272-7469** - **Website**: [www.alaskabar.org](https://www.alaskabar.org) - **Services**: - Provides a lawyer referral service for individuals seeking legal assistance with criminal record issues. - Offers information on the legal process for expungement and sealing of criminal records in Alaska. --- ### **10. Legal Aid Services of Alaska (LASA)** - **Purpose**: Legal Aid Services of Alaska offers free legal assistance to low-income individuals, including those seeking help with criminal record issues such as sealing or expungement. - **Contact**: - **Phone**: **(907) 272-9431** - **Toll-Free**: **1-888-478-2572** - **Website**: [www.lasa.org](https://www.lasa.org) - **Services**: - Provides free legal consultations and representation for low-income individuals seeking to clear criminal records. - Offers guidance on eligibility and the process for expunging or sealing criminal records. --- ### **How to Expunge or Seal a Criminal Record in Alaska:** 1. **Eligibility**: Check whether you meet the eligibility requirements for expungement or sealing. In Alaska, certain offenses (e.g., misdemeanors or cases where charges were dismissed) may be eligible for expungement or sealing. 2. **Petition the Court**: File a motion or petition to expunge or seal your criminal record with the court. Forms are available through the Alaska Court System’s website. 3. **Consult with Legal Aid or a Lawyer**: Consider seeking legal assistance to guide you through the process. Organizations like ALSC and private attorneys can help with paperwork and represent you in court. 4. **Submit Required Documentation**: You may need to provide additional documents such as proof of completed sentence, good behavior, or that the charges were dismissed. These resources should provide support and guidance in addressing criminal records in Alaska. Let me know if you need additional details or help navigating these options!