Alaska (AK) — Expungement & Record Clearing
Alaska has very limited options for clearing a criminal record. The state does not offer traditional expungement — valid convictions generally cannot be sealed or erased. Under AS 12.62.180, records may only be sealed if they resulted from mistaken identity or false accusation. A Suspended Imposition of Sentence (AS 12.55.085) allows some convictions to be set aside after successful probation, but the record itself is not sealed. A 2024 exception allows sealing of prior marijuana possession convictions for one ounce or less. The governor may grant pardons, though this is extremely rare. Below is the full guide covering Alaska's narrow eligibility, the sealing process, costs, alternative relief options, and frequently asked questions.
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Overview
Alaska has some of the most limited record-clearing laws in the United States. The state does not offer traditional expungement — criminal records cannot be erased or destroyed. Under AS 12.62.180, records may be sealed only if they resulted from mistaken identity or false accusation. Courts may set aside a conviction after successful completion of a Suspended Imposition of Sentence (SIS) under AS 12.55.085, but the underlying record is not sealed or expunged. A narrow exception enacted in 2024 allows sealing of prior marijuana possession convictions for one ounce or less. For most people with valid convictions, Alaska provides no path to seal or expunge their criminal record.
Official term: Sealing (AS 12.62.180) / Set-Aside (AS 12.55.085) — Alaska does not use the term "expungement" in its statutes. Sealing is extremely limited (mistaken identity/false accusation only). A set-aside changes the disposition but does not hide or destroy the record.
Who qualifies
- ✓Records resulting from mistaken identity or false accusation (AS 12.62.180)
- ✓Conviction set aside after successful completion of Suspended Imposition of Sentence (AS 12.55.085)
- ✓Prior marijuana possession conviction for one ounce or less when the defendant was 21 or older (2024 cannabis exception)
- ✓Charges that were dismissed or resulted in acquittal (may request sealing from the maintaining agency)
Who does not qualify
- ✗Valid criminal convictions (no general expungement or sealing available)
- ✗Murder, manslaughter, and criminally negligent homicide (AS 11.41.100–11.41.130)
- ✗Sexual assault and sexual abuse offenses (AS 11.41.410–11.41.530)
- ✗Kidnapping and human trafficking (AS 11.41.300–11.41.370)
- ✗Arson (AS 11.46.400)
- ✗Child pornography offenses (AS 11.61.125–11.61.128)
- ✗DUI/OUI convictions
- ✗Any offense where a firearm was used in the commission of the crime
- ✗Felonies with prior convictions that disqualify SIS under AS 12.55.085
Waiting Periods
| Mistaken identity or false accusation (AS 12.62.180) | No waiting period — may request sealing at any time after resolution |
| Suspended Imposition of Sentence set-aside (AS 12.55.085) | Upon successful completion of probation (typically 1–5 years depending on the offense) |
| Marijuana possession conviction (cannabis exception) | No waiting period — eligible immediately under the 2024 law |
| Governor's clemency/pardon | No statutory waiting period, but clemency is rarely granted and requires completion of sentence |
Step-by-Step Process
Determine eligibility
Confirm your situation qualifies under Alaska's narrow record-clearing provisions: mistaken identity/false accusation (AS 12.62.180), successful SIS completion (AS 12.55.085), or the marijuana possession exception. For most valid convictions, no relief is available.
Obtain your criminal records
Request a copy of your criminal history from the Alaska Department of Public Safety (DPS) or check the Alaska Court System's CourtView online database to identify the relevant case(s) and records.
Complete the Request to Seal form (AS 12.62.180)
If you qualify under the mistaken identity/false accusation provision, complete the "Request to Seal Criminal Justice Information" form available from the Alaska Department of Public Safety. You must provide evidence proving beyond a reasonable doubt that the records resulted from mistaken identity or false accusation.
Submit the request to the agency head
Submit your written request to the head of the criminal justice agency responsible for maintaining the records you want sealed. The agency head makes the final administrative decision on the request.
Appeal if denied
If the agency denies your request, you may appeal the decision to the court under applicable rules of administrative procedure. You bear the burden of showing the agency's decision was clearly mistaken.
For SIS set-aside: Complete probation successfully
If you received a Suspended Imposition of Sentence, successfully complete all probation terms. The court will notify the prosecutor before discharging you. If there is no objection, the court may set aside the conviction and issue a certificate. Note: this does not seal or expunge the record.
Visual Guide

Automatic Relief & Rights Restoration
Alaska has very limited automatic relief. The primary automatic provision is the 2024 marijuana possession record sealing, which was implemented by court order. Voting rights and jury service eligibility are automatically restored upon unconditional discharge from a felony sentence.
| Scenario | Sealed When |
|---|---|
| Marijuana possession (1 oz or less, age 21+, sole charge) | Automatic sealing under 2024 law / court order |
| Voting rights after felony conviction | Automatically restored upon unconditional discharge |
| Jury service eligibility after felony conviction | Automatically restored upon unconditional discharge |
Costs
- Filing fee
- No statutory filing fee for the DPS sealing request form
- Fee waiver
- Not applicable — there is no standard court filing fee for the administrative sealing request
- Attorney (optional)
- $1,000–$3,000+ if hiring an attorney (recommended given the high burden of proof)
Background check fees from DPS may cost $20–$35. If an appeal to court is necessary, court filing fees of $50–$150 may apply. The clemency application process has no fee.
Timeline
- With attorney
- 2–6 months for administrative sealing requests
- Standard
- 3–12 months depending on agency processing and whether an appeal is needed
Timelines vary significantly. SIS set-aside depends on probation length (1–5 years). Clemency investigations take at least 120 days after application.
What expungement does
- ✓Sealed records (AS 12.62.180) are removed from public access — you may legally deny their existence
- ✓A set-aside conviction (AS 12.55.085) changes the disposition to show the case was dismissed
- ✓Sealed marijuana possession records are no longer visible in public court databases
- ✓Restores the ability to truthfully deny the existence of sealed records on most applications
- ✓A governor's pardon provides official forgiveness and may remove some collateral consequences
What expungement does NOT do
- ✗Does NOT erase or destroy the criminal record — Alaska does not provide true expungement
- ✗A set-aside does NOT seal the record — it remains visible in criminal history checks
- ✗A set-aside conviction still counts as a prior conviction for licensing purposes
- ✗Sealed records can still be accessed by law enforcement for employment purposes
- ✗Sealed records may be accessed for research, statistical purposes, and court orders
- ✗A governor's pardon does NOT expunge, remove, or erase the crime from the record
- ✗Does NOT automatically restore firearm rights
Other Relief Options in Alaska
Governor's Clemency (Pardon)
The governor may grant pardons, commutations, reprieves, or remission of fines. Applications go through the Alaska Board of Parole, then the Executive Clemency Advisory Committee. Clemency is rarely granted — in December 2024, Governor Dunleavy pardoned 5 people, the first use of this power in nearly 20 years. Apply at clemency@alaska.gov.
Suspended Imposition of Sentence (SIS)
Under AS 12.55.085, the court may suspend sentencing and place a defendant on probation. Upon successful completion, the court may set aside the conviction and issue a certificate. Available for most misdemeanors and some lower-level felonies, but not for violent crimes, sex offenses, DUI, or firearm offenses.
Restoration of Rights
Voting rights and jury service eligibility are automatically restored upon unconditional discharge from a felony sentence. The right to hold public office is also restored when voting rights are restored.
Frequently Asked Questions
- Can I get my criminal record expunged in Alaska?
- Alaska does not have a general expungement law. Criminal records of valid convictions cannot be erased or destroyed. The only sealing available under AS 12.62.180 applies to records resulting from mistaken identity or false accusation. A court may set aside a conviction after a Suspended Imposition of Sentence, but this does not seal or expunge the record.
- What is the difference between sealing and set-aside in Alaska?
- Sealing under AS 12.62.180 removes the record from public access and allows you to deny its existence, but is only available for records resulting from mistaken identity or false accusation. A set-aside under AS 12.55.085 changes the conviction disposition to dismissed after successful probation completion, but the record itself remains visible and accessible. Courts have no authority to seal records after a set-aside.
- Can I seal a marijuana possession conviction in Alaska?
- Yes. Under a 2024 law implementing an Alaska Supreme Court order, prior convictions for possessing one ounce or less of marijuana are eligible for sealing, provided the defendant was at least 21 years old and possession was the only charge. Approximately 800 Alaskans were estimated to receive relief under this provision.
- How much does it cost to seal records in Alaska?
- There is no statutory filing fee for submitting the Request to Seal Criminal Justice Information form to the Alaska Department of Public Safety. However, obtaining a background check costs $20–$35, and if you need to appeal a denial to court, filing fees of $50–$150 may apply. Attorney fees typically range from $1,000 to $3,000 or more.
- What is a Suspended Imposition of Sentence (SIS) in Alaska?
- An SIS under AS 12.55.085 allows the court to suspend sentencing and place a defendant on probation instead. If probation is completed successfully, the court may set aside the conviction and issue a certificate. It is not available for violent crimes, sex offenses, DUI, or offenses involving a firearm. While it does not erase the record, it changes the outcome to show the case was dismissed.
- Can I get a pardon in Alaska?
- Yes, but pardons are extremely rare in Alaska. You can apply through the Alaska Board of Parole at clemency@alaska.gov. The application goes through a multi-step process: initial screening, a 120-day investigation by the Parole Board, review by the Executive Clemency Advisory Committee, and a final decision by the governor. In December 2024, Governor Dunleavy pardoned 5 people — the first grants in nearly 20 years. A pardon does not erase the criminal record.
- Who can access my sealed records in Alaska?
- Even after sealing under AS 12.62.180, records may be accessed for: (1) record management and auditing, (2) criminal justice employment, (3) review by the subject of the record, (4) research and statistical purposes, (5) preventing imminent harm, and (6) uses authorized by statute or court order. Sealed records are not available to the general public or most employers.
- Are my voting rights restored after a felony conviction in Alaska?
- Yes. In Alaska, the rights to vote, serve on a jury, and hold public office are automatically restored upon unconditional discharge from a felony sentence. You do not need to petition or apply — restoration is automatic once you have completed your entire sentence, including any probation or parole.
Take Action — Direct Links
- Court petition/form
Alaska DPS — Request to Seal Criminal Justice Information (PDF form). Used to request sealing of records resulting from mistaken identity or false accusation under AS 12.62.180. Submit to the head of the criminal justice agency maintaining the records.
- Criminal record request
Alaska Department of Public Safety — Background Check / Criminal History Records page. Request your own criminal history for $20 (check or money order payable to the State of Alaska). Online self-service email request option also available.
- Free legal aid
Alaska Legal Services Corporation (ALSC) — free civil legal assistance for low-income Alaskans since 1967. Call 1-888-478-2572 to apply. Also see Alaska Law Help (alaskalawhelp.org) for additional resources.
- Court self-help center
Alaska Court System — Self-Help Center: Criminal Cases. Provides information on criminal case procedures, motions, and court forms including the TF-800 form to request sealing of court records.
- Statute full text
Alaska Stat. § 12.62.180 — Sealing of Criminal Justice Information (full text via Justia). Covers the sole statutory provision for sealing records due to mistaken identity or false accusation.
Sources
- Alaska Stat. § 12.62.180 — Sealing of Criminal Justice Information
- Alaska Stat. § 12.55.085 — Suspending Imposition of Sentence
- Collateral Consequences Resource Center — Alaska Restoration of Rights & Record Relief
- Alaska DPS — Request to Seal Criminal Justice Information (Form)
- Alaska Court System — Suspended Imposition of Sentence FAQ
- CriminalDefenseLawyer.com — Alaska's Rules on Criminal Record Expungement
- NORML — Alaska Supreme Court Orders Prior Cannabis Convictions Sealed
- Alaska Board of Parole — Clemency Information