Alaska: Adult Factual Innocence (AK-FI-1)

Records relating to an arrest or conviction that, beyond a reasonable doubt, resulted from mistaken identity or false accusation can be sealed by the criminal justice agency responsible for maintaining the record. Alaska Stat. § 12.62.180.

Record Detail(s)

Unlawful or mistaken arrest or charge

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Not applicable

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

A written request to have the record information sealed must be submitted to the head of the criminal justice agency responsible for maintaining the past conviction or current arrest information. The decision of the head of the agency is the final administrative decision, but itÃ‚ can be appealed in court by a showing that it was clearly mistaken. Alaska Stat. §§ 12.62.180(b)-(c).

Fees

There is no statutory language regarding fees.

Effect

Once the record is sealed, the petitioner can deny the existence of the record. The sealed record can only be provided for certain reasons. Alaska Stat. § 12.62.180(d).

Forms

A form is available here.

Waiting Periods

The written request can be submitted at any time.

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