ALASKA
How to Clear Your Criminal Record
in Alaska
A free, plain English guide to Alaska's limited record relief options — Suspended Imposition of Sentence, conviction set-aside, the deferred judgment pathway, and when a pardon is your only option.
What You Need to Know First
Alaska does not have expungement. Unlike most states, Alaska has no general law allowing adult convictions to be expunged or sealed. Records of valid convictions remain permanently on your record. The options available are significantly more limited than in most states — and understanding exactly what each one does and doesn't do is critical before pursuing any of them.
Good news for dismissed charges and acquittals. Alaska's non-conviction records have strong default protections. If your case was dismissed or you were acquitted, those records are generally unavailable to the public without your consent — and courts cannot publish records of acquittals or dismissals on their publicly accessible website (CourtView) after 60 days. You don't need to do anything for this protection to apply.
2024 marijuana decriminalization protection. A 2024 law (HB 28) prohibits the release or publication of records for marijuana possession convictions that have been decriminalized. If you have an old marijuana possession conviction for conduct that is now legal or decriminalized in Alaska, your record may be protected from disclosure.
Alaska has three pathways for limited record relief — each very different in what it accomplishes.
SIS + Set-Aside
AS 12.55.085 — CONVICTION STILL VISIBLE
For eligible convictions where a Suspended Imposition of Sentence was imposed. After successful completion of probation, the court sets aside the conviction — but the record remains public and visible. The set-aside appears on background checks. Cannot seal or hide the record.
Deferred Judgment (CEJ)
AS 12.55.078 — NO CONVICTION RECORDED
Prosecutor consents to place eligible defendants on probation without entering a judgment of guilt. Upon successful completion, charges are dismissed — no conviction is ever entered. The best outcome available in Alaska. Non-conviction records are shielded from public disclosure. Courts cannot publish online.
Sealing — Mistaken Identity
AS 12.62.180 — ONLY FOR WRONGFUL RECORDS
Sealing is available only if your record resulted from mistaken identity or false accusation — provable beyond a reasonable doubt. File with the Department of Public Safety, not a court. Extremely narrow. Not available for standard wrongful convictions unless the conviction was set aside or pardoned due to the error.
Suspended Imposition of Sentence (SIS) + Set-Aside
Important limitation: A set-aside does NOT seal or hide your record. After a set-aside is granted, your conviction record remains fully public and will appear on background checks. The record simply shows that the conviction was "set aside" — meaning it is officially void, but it is still visible. A set-aside conviction cannot be used as a predicate offense for sentencing enhancement purposes, and it cannot be published on the Alaska court's public website. But employers, landlords, and others will still see it.
ELIGIBLE FOR SET-ASIDE (AS 12.55.085)
- Received a Suspended Imposition of Sentence (SIS) at original sentencing
- Successfully completed all conditions of probation
- Paid all fines and restitution ordered
- Most misdemeanor convictions with SIS
- Some felony convictions with SIS — if not on the ineligible list
NOT ELIGIBLE FOR SET-ASIDE (AS 12.55.085(f))
- Sex offenses requiring registration
- Crimes against children
- Felony DUI / DWI
- Most serious violent felonies
- Any conviction where SIS was not originally imposed
- Any conviction where probation was revoked
Deferred Judgment — Alaska's Best Option
Alaska's deferred judgment program (AS 12.55.078) is the closest thing to record relief Alaska offers — and it must be arranged before conviction, not after. If you or someone you know is currently facing criminal charges, this is the most important option to explore with a defense attorney immediately. A prosecutor consents to place an eligible defendant on probation without entering a judgment of guilt. Upon successful completion, charges are dismissed — and no conviction is ever entered.
DEFERRED JUDGMENT ELIGIBILITY
- No prior felony conviction
- Certain prior misdemeanors do not disqualify — depends on specifics
- Prosecutor must consent — this is a negotiated outcome
- Most eligible for misdemeanors and some nonviolent felonies
- Upon completion: charges dismissed, no conviction, non-conviction record shielded from public
- Court cannot publish the record on CourtView after 60 days
AFTER CONVICTION — TOO LATE FOR DEFERRED
- Deferred judgment must be arranged before sentencing — not after a conviction
- If you have already been convicted, this option is not available
- Consult a defense attorney immediately if charges are pending and you may qualify
Non-Conviction Records — Strong Default Protections
If your case was dismissed or you were acquitted, Alaska law provides strong protections automatically — without any action needed from you. Non-conviction records (dismissed charges, acquittals) are generally unavailable to the public without your consent under AS 12.62.160(b)(8). Additionally, the Alaska Court System cannot publish records of cases ending in acquittal or dismissal on its public website (CourtView) after 60 days from the date of the disposition. This means most background check searches of the public court database will not show dismissed or acquitted cases.
Sealing for Mistaken Identity or False Accusation
Sealing under AS 12.62.180 is available only if your record resulted from mistaken identity or false accusation — and you must prove this beyond a reasonable doubt to the agency head. This is an extremely high standard. It is not available simply because you believe you were wrongly convicted through faulty evidence or an unfair trial — it requires showing the record literally resulted from identity confusion or fabrication.
1
Complete the Request to Seal Criminal Justice Information Form
Download the Request to Seal Criminal Justice Record form from the Alaska Department of Public Safety at
dps.alaska.gov. The form has multiple parts: your personal and case information, a detailed explanation of why the record resulted from mistaken identity or false accusation, and supporting documentation.
2
Provide Proof Beyond a Reasonable Doubt
You must demonstrate beyond a reasonable doubt that the record resulted from mistaken identity or false accusation. Supporting evidence may include: documentation showing another person committed the offense under your name; court orders setting aside or overturning a conviction because of the error; a gubernatorial pardon specifically granted because of the error; or records showing you were acquitted because of the false accusation.
3
Mail to Alaska Department of Public Safety
Mail the completed form with all supporting documentation to: Alaska Department of Public Safety, R&I — Quality Assurance Unit, 5700 E. Tudor Road, Anchorage, AK 99507. The Records and Identification Bureau may contact you for additional information, including a fingerprint card. The agency head makes the final administrative decision — you can appeal an adverse decision to the court if denied.
The Pardon Pathway
For convictions not eligible for set-aside, the Governor of Alaska has the power to grant pardons. A pardon does not erase the record but relieves the legal consequences of the conviction. Pardons in Alaska are discretionary and relatively rare. The Alaska Board of Parole processes pardon applications. Apply through the Alaska Board of Parole at correct.state.ak.us/parole. There is no specific waiting period set by statute, but the Board generally expects significant time to have passed since conviction and strong evidence of rehabilitation.
Helpful Resources
FREE LEGAL HELP
Alaska Legal Services Corporation
Free civil legal help for low-income Alaskans statewide — including criminal record guidance
alsc-law.org →
FREE LEGAL HELP
Alaska Bar Association — Lawyer Referral
Find a licensed Alaska attorney for criminal record relief help
alaskabar.org →
SELF-HELP RESOURCES
Alaska Court System — Self-Help Center
Free self-help resources for Alaska court users — including criminal case information
courts.alaska.gov →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
COURT RECORDS
Alaska CourtView — Public Case Records
Look up your Alaska court case records — check whether dismissed/acquitted records have been removed from public view
records.courts.alaska.gov →
Frequently Asked Questions
Can I get my conviction expunged in Alaska? +
No — Alaska has no general expungement law for adult convictions. Records of valid convictions remain permanent. The only conviction relief available is a set-aside under AS 12.55.085 (for eligible SIS cases where probation was completed), but a set-aside does not seal or hide the record — it just makes the conviction officially void while remaining fully visible on background checks. Sealing is available only in extremely narrow circumstances involving mistaken identity or false accusation. A Governor's pardon is available but rare and also does not erase the record.
What does a set-aside actually do in Alaska? +
A set-aside under AS 12.55.085 makes the conviction officially void — it is no longer a "conviction" for most legal purposes. It cannot be used as a predicate offense for sentencing enhancement, and it cannot be used to deny certain civil rights. However — and this is critical — a set-aside does NOT seal or hide the record. The record remains fully public on background checks and shows "set aside." Employers, landlords, and others will still see it. If you are pursuing a set-aside hoping your record will disappear from background checks, it will not.
My case was dismissed. Is it visible on background checks? +
In most cases, no — and no action is required from you. Alaska law treats non-conviction records (dismissed charges, acquittals) as generally unavailable to the public without your consent. The Alaska Court System also cannot publish records of acquittals or dismissals on CourtView (its public website) after 60 days from the date of the disposition. This means a standard online background check of the court's public database will generally not show your dismissed case. However, private background check companies maintaining their own databases may still have this information — request your record from a background check company to verify.
What is a Suspended Imposition of Sentence and how do I know if I got one? +
A Suspended Imposition of Sentence (SIS) is a specific type of sentence in Alaska where the court suspends the imposition of a sentence entirely and places you on probation. It is different from a suspended execution of sentence (where a sentence is imposed but its execution is suspended). If you received an SIS, your sentencing documents or court records will say "suspended imposition of sentence" or "SIS." If you received a regular sentence with a suspended portion, that is NOT an SIS and you are not eligible for a set-aside under AS 12.55.085. Review your original sentencing documents or contact an Alaska attorney to confirm which type you received.
Is there anything I can do if I'm currently facing charges in Alaska? +
Yes — this is where Alaska gives you the most leverage. If you are currently facing charges and have no prior felony conviction, consult a defense attorney immediately about the deferred judgment program under AS 12.55.078. This allows a prosecutor to agree to place you on probation without entering a judgment of guilt. Upon successful completion, charges are dismissed — and no conviction is ever entered. The dismissed record is then shielded from public disclosure and cannot be published on CourtView. This is the best possible outcome in Alaska's system and must be arranged before conviction, not after.
Do I need an attorney? +
For anyone currently facing charges, yes — a defense attorney is essential for negotiating deferred judgment, which must be arranged before conviction. For post-conviction set-aside motions, an attorney significantly helps given the specific eligibility requirements of AS 12.55.085. For the mistaken identity sealing request with DPS, many people complete the form on their own — but the "beyond a reasonable doubt" standard is high and an attorney can help build the evidence package. Alaska Legal Services Corporation provides free help for those who qualify.
After a Set-Aside or Dismissed Charges
After a conviction set-aside: the record remains public but shows "set aside." You may have limited ability to deny the conviction depending on context — consult an attorney. After a dismissal or acquittal: you can generally respond as if no arrest or charge occurred, since the record is not publicly disclosed.
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Civil Rights After Set-Aside
A set-aside conviction cannot be used as a predicate offense for sentencing enhancement in most future proceedings. Voting rights and the right to serve on a jury — lost upon felony conviction — may be restored after a set-aside. Consult an Alaska attorney to confirm the specific civil rights effects for your conviction.
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Employment and Background Checks
For dismissed charges and acquittals: the record is generally unavailable publicly and CourtView will not show it after 60 days. For set-aside convictions: the record remains fully visible on background checks — it shows the original conviction and the set-aside order. Private background check databases may still show all records regardless of status.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your court clerk or a licensed attorney in your state before filing.
