State Law Summary
The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.
Primary Sources: Sec. 12.62.180 (2019) | Sec. 12.55.078 (2019) | Stat. § 12.55.085 | Sec. 12.62.180 | Stat. § 22.35.030 (2019) | Sec. 12.55.085 (2019) | Stat. § 47.12.300 (2019) | Stat. § 47.12.030 (2019)
Summary of the Law
- Misdemeanors and Felonies:
- Set-Aside available for Misdemeanors/Felonies with Suspended Imposition of Sentences disposition if clean for term of sentence or 1 year, starting from date of sentencing with no waiting-period. (described here) Alaska Stat. § 12.55.085(a);(e). List of ineligible offenses in “Not Eligible” Section below.
- Sealing available for any conviction (Misdemeanors/Felonies) where a person proves that the conviction resulted from mistaken identity or false accusation, no waiting-period specified. Sec. 12.62.180.
- Felonies: See Section 1.
- Not Eligible: Set-Aside not available for certain offenses listed under Stat. § 12.55.085(f) list
- Lifetime or Other Limits: Suspension/deferral of Judgment only available once per lifetime, unless the court finds clear and convincing evidence likelihood of rehabilitation high. Sec. 12.55.078(f)(3)
- LFO Payment Required for Sentence Completion: Suspension/deferral of Judgment requires payment of all LFO’s Sec. 12.55.078(b)(3).
- Other Unmodeled Criteria or Details:
- AK law has no provision for sealing or expunging records of a conviction. Instead they have a set-aside provision, but it expressly does not function as a sealing or expungement. Sec. 12.55.085.
- Sealing for Juvenile misdemeanors and most felonies. Stat. § 47.12.300(d); negative list in Stat. § 47.12.030.
- Suspension/Deferral of Judgement for all non-excluded misdemeanors and felonies. (Sec. 12.55.078; negative list in Sec. 12.55.078(f)). Typically available only once per lifetime. Sec. 12.55.078(f)(3).
- Automatic non-publication on a website of records for any misdemeanor or felony arrest where charges dismissed or acquitted, automatically, after a 60-day waiting-period from date of acquittal or dismissal. Stat. § 22.35.030.