CONVICTIONS:

  1. Misdemeanors and Felonies:
  1. 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 wait period. (described here) Alaska Stat. § 12.55.085(a);(e).  List of ineligible offenses in “Not Eligible” Section below.
  2. Sealing available for any conviction (Misdemeanors/Felonies) where person proves that the conviction resulted from mistaken identity or false accusation, no waiting-period specified. Sec. 12.62.180.
  1. Not Eligible: Set-Aside not available for certain offenses listed under Stat. § 12.55.085(f) list
  2. Lifetime or Other Limits: Suspension/deferral of Judgment only available once per lifetime, unless court finds clear and convincing evidence likelihood of rehabilitation high. Sec. 12.55.078(f)(3)
  3. LFO Payment Required for Sentence Completion: Suspension/deferral of Judgment requires payment of all LFO’s Sec. 12.55.078(b)(3).
  4. Other Unmodeled Criteria or Details:
  1. 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.
  2. Sealing for Juvenile misdemeanors and most felonies. Stat. § 47.12.300(d); negative list in Stat. § 47.12.030.
  3. 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).

NON-CONVICTIONS:

  1. 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