Alaska Background Check Laws
In Alaska, criminal convictions can appear on a background check indefinitely — there is no state time limit. Non-conviction records are limited to 7 years under the federal FCRA for employment background checks.
Overview
Alaska does not impose a state-level time limit on how far back criminal convictions can be reported on a background check. Under the federal Fair Credit Reporting Act (FCRA), this means convictions — both felonies and misdemeanors — can appear indefinitely. Non-conviction records (such as dismissed charges and arrests that did not lead to conviction) are limited to seven years under the FCRA for employment screening purposes. Alaska does not have a statewide ban-the-box law for either public or private employers. Employers in Alaska generally have broad discretion to inquire about criminal history at any point during the hiring process. However, Alaska Statute § 12.62.160 governs the dissemination of criminal justice information and provides some protections regarding how criminal records are shared. Alaska does not have a Clean Slate law for automatic expungement or sealing of records. The state does allow for set-aside of convictions under AS § 12.55.085, which can provide some relief, though set-aside records may still appear on background checks. For people seeking a second chance, understanding both federal protections and Alaska's relatively permissive employer inquiry rules is essential.
How Far Back Does a Background Check Go in Alaska?
| Record Type | Rule in Alaska |
|---|---|
| Felony Convictions | No time limit. Felony convictions may appear on background checks regardless of how old they are. |
| Misdemeanor Convictions | No time limit. Misdemeanor convictions can be reported indefinitely. |
| All Convictions | No state limit — convictions can be reported indefinitely under FCRA default rules. |
| Arrests (No Conviction) | Arrests not leading to conviction are limited to 7 years under the FCRA for employment screening. |
| Pending Cases | Pending criminal cases can be reported on a background check regardless of when charges were filed. |
Ban the Box / Fair Chance
No statewide law
Alaska does not have a statewide ban-the-box law for any category of employers. Both public and private employers may ask about criminal history at any point during the hiring process, including on the initial job application. Some individual Alaska municipalities may have local policies, but there is no statewide requirement.
Clean Slate / Auto-Sealing
No Clean Slate law
Alaska does not have a Clean Slate law that automatically seals or expunges criminal records. Alaska does allow for set-aside of certain convictions under AS § 12.55.085, where a court can set aside a conviction after completion of probation. However, a set-aside does not seal the record from background checks — it simply changes the record to show the conviction was set aside. Some employers view this favorably, but the record itself remains visible.
What Employers Can Do in Alaska
- When can employers ask about criminal history?
- Employers in Alaska can ask about criminal history at any point during the hiring process, including on initial job applications. There are no statewide restrictions on the timing of criminal history inquiries.
- What can they consider?
- Alaska employers can generally consider any criminal conviction when making employment decisions. There is no state law requiring a specific evaluation framework. Federal EEOC guidance recommends individualized assessment considering the nature of the offense, time elapsed, and relevance to the position, but Alaska does not mandate this by state law.
- Individualized assessment required?
- No state requirement for individualized assessment, though EEOC guidance recommends it.
Key Laws in Alaska
- Fair Credit Reporting Act (FCRA)(1970)
Federal law that limits reporting of non-conviction records to 7 years for employment screening. Convictions may be reported indefinitely. Applies in Alaska as the primary framework since no stricter state law exists.
- Alaska Set-Aside Statute (AS § 12.55.085)(1982)
Allows individuals to petition the court to set aside a conviction after successful completion of probation. While this does not erase the record from background checks, it shows the conviction was set aside and can help demonstrate rehabilitation to employers.
- Alaska Criminal Justice Information Act (AS § 12.62)
Governs the collection, storage, and dissemination of criminal justice information in Alaska. Sets rules for who can access criminal records and under what circumstances.
Frequently Asked Questions — Alaska
- How far back does a background check go in Alaska?
- In Alaska, there is no state-imposed time limit on reporting criminal convictions. Convictions can appear on your background check indefinitely. Non-conviction records (dismissed charges, acquittals) are limited to 7 years under the federal FCRA for employment screening purposes.
- Does Alaska have a ban-the-box law?
- No. Alaska does not have a statewide ban-the-box law for any category of employers. Both private and public employers can ask about criminal history at any point during hiring, including on the initial application.
- Can I get my conviction set aside in Alaska?
- Yes. Under AS § 12.55.085, you can petition the court to set aside a conviction after you have successfully completed your probation. The set-aside does not erase the record, but it changes the disposition to show the conviction was set aside. This can be a meaningful step toward a fresh start, as many employers view set-asides favorably.
- Will a set-aside conviction still show on my background check in Alaska?
- Yes. A set-aside in Alaska does not seal or expunge the record. It will still appear on background checks, but the record will indicate that the conviction was set aside by the court. This can help demonstrate your rehabilitation to potential employers.
- Can an old felony from 15+ years ago show up on a background check in Alaska?
- Yes. Since Alaska has no state time limit on conviction reporting, even very old felony convictions can appear on a background check. If you have completed your sentence and probation, you may want to explore getting the conviction set aside to show prospective employers that the court has recognized your rehabilitation.
- Does Alaska have a Clean Slate law?
- No. Alaska does not have a Clean Slate law that provides automatic sealing or expungement of criminal records. Record relief in Alaska is limited to the set-aside process, which requires a petition to the court.
- Can Alaska employers deny me a job solely because of a criminal record?
- Generally, yes. Alaska does not have a state law prohibiting employers from denying employment based on criminal history alone. However, federal EEOC guidance discourages blanket exclusions and recommends that employers consider the nature of the offense, how much time has passed, and the relevance to the job. Some licensing boards may have specific rules as well.
- How do I check my own criminal record in Alaska?
- You can request your own criminal history from the Alaska Department of Public Safety. Reviewing your record before applying for jobs is a smart step — it allows you to check for errors and prepare to discuss your history honestly with potential employers.
Alaska Resources
- Alaska Department of Public Safety — Criminal Records
Request your own criminal history record from the state to review for accuracy before employers run a background check.
- Alaska Legal Services Corporation
Provides free legal assistance to low-income Alaskans, including help with criminal record issues and set-aside petitions.
- Alaska Court System — Self-Help Center
Court resources for people representing themselves, including forms and information about set-aside petitions.
Sources
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