Alaska: Adult Conviction Expungement and Record-Sealing Eligibility
The short answer
Alaska does not allow expungement of adult convictions, and it has no general conviction-sealing statute. The only tools are a discretionary court 'set-aside' of a conviction after a suspended imposition of sentence and successful probation—which nullifies some consequences but neither seals nor erases the record and still counts as a prior conviction—and an administrative request to seal criminal-justice information that, beyond a reasonable doubt, resulted from mistaken identity or false accusation. There is no automatic relief, no general waiting-period route, and a set-aside is unavailable for homicide, sexual, and many other serious offenses.
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This is the general rule in Alaska. Ezel applies current Alaska law to your specific facts and answers with citations to the statutes.
| Relief name and legal effect | No expungement of adult convictions exists, and there is no general conviction-sealing remedy. The two narrow tools are a court 'set-aside' of a conviction after a suspended imposition of sentence (AS 12.55.085(e)), which nullifies some consequences but neither seals nor erases the record and still counts as a prior conviction, and administrative sealing of criminal-justice information that resulted from mistaken identity or false accusation (AS 12.62.180(b)). |
|---|---|
| Automatic or clean-slate relief | None. Alaska has no automatic or clean-slate relief for adult convictions. |
| Convictions eligible by petition | There is no general petition to expunge or seal a conviction. A person may (1) receive a discretionary court set-aside under AS 12.55.085 only where the court suspended imposition of sentence and the person completed probation, or (2) administratively request sealing under AS 12.62.180(b) only for information shown beyond a reasonable doubt to stem from mistaken identity or false accusation. Neither is a general route keyed to offense class or a waiting period. |
| Excluded offenses and statuses | A suspended imposition of sentence—and therefore any set-aside—is unavailable for homicide, assault, kidnapping, sexual, sex-trafficking, and other specified offenses (AS 11.41.100–.530, 11.66.110–.135, and more), where a firearm was used in the offense, or for many repeat offenders (AS 12.55.085(f)). Administrative sealing is limited to mistaken-identity or false-accusation cases and cannot be used to attack a valid judgment (AS 12.62.180(b)–(c)). |
| Waiting period and when it starts | No statutory waiting period applies, because there is no general clearance route. A set-aside is available only at discharge from probation following a suspended imposition of sentence (AS 12.55.085(e)); administrative sealing has no waiting period but requires proof of mistaken identity or false accusation (AS 12.62.180(b)). |
| Sentence, restitution, and new-record conditions | A set-aside depends on the person completing probation without revocation so that the court discharges them without imposing sentence (AS 12.55.085(a), (d), (e)); probation may be revoked for new criminal conduct or condition violations (AS 12.55.085(b)). There is no general restitution-paid clearance condition because there is no general clearance remedy. |
| Petition process and decision standard | For a set-aside, the sentencing court acts at discharge and the decision is discretionary (AS 12.55.085(e)). For administrative sealing, the person submits a written request to the head of the agency holding the record; that decision is the final administrative decision, appealable to court only on a 'clearly mistaken' standard, and the appeal may not collaterally attack the judgment (AS 12.62.180(b)–(c)). |
| Who can still see or use the record | A set-aside does not seal or erase the record—the conviction remains on the person's criminal history and still counts as a prior conviction, including for later sentencing (AS 12.55.085(f)(3)). Where information is administratively sealed, the person may deny its existence, but it stays available for record management, criminal-justice employment, the subject's own review, research, imminent-harm prevention, and any use authorized by statute or court order (AS 12.62.180(d)). |
| Boundaries and alternative relief | Non-conviction records (acquittals, dismissed charges) and juvenile records are handled under separate Alaska laws, and a person may seek a gubernatorial pardon—but none of these expunges an adult conviction. For an adult conviction the practical options are a discretionary set-aside if eligible, or otherwise a permanent record; there is no general expungement or conviction-sealing statute. |
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What Alaska actually offers
Alaska is one of the most restrictive states in the country for clearing an
adult record: it has no expungement of adult convictions and no general
statute for sealing a conviction. A conviction that is validly entered stays
on a person's criminal history. Two narrow mechanisms exist, and neither is a
general clean-record remedy.
Set-aside after a suspended imposition of sentence (AS 12.55.085). When the
court believes there are circumstances in mitigation or that the ends of justice
will be served, it may suspend the imposition of sentence and place the person
on probation instead of sentencing them. If the person completes probation and
the court discharges them without imposing sentence, the court "may set aside the
conviction and issue to the person a certificate to that effect" (subsection
(e)). A set-aside can relieve some collateral consequences, but it is not
expungement or sealing—the conviction remains visible on the record, and the
statute is explicit that a set-aside conviction "shall be considered ... a prior
conviction" for later cases (subsection (f)(3)). A suspended imposition of
sentence is also off-limits for homicide, assault, kidnapping, sexual and
sex-trafficking offenses, firearm-use offenses, and many repeat offenders
(subsection (f)).
Administrative sealing for mistaken identity or false accusation
(AS 12.62.180). A person may ask the agency that holds the record to seal
information that, "beyond a reasonable doubt, resulted from mistaken identity or
false accusation" (subsection (b)). This is decided by the agency head, with a
narrow court appeal available only on a "clearly mistaken" standard, and it
cannot be used to attack a valid judgment (subsection (c)). It is not a route to
clear a conviction the person actually earned.
There is no automatic or clean-slate relief, no offense-class eligibility list,
and no general waiting-period route. For an ordinary adult conviction, the
realistic paths are a set-aside (if the case qualified for a suspended imposition
of sentence) or a gubernatorial pardon, which itself does not remove the
conviction from the record.
What trips people up
"Set aside" is not "expunged." A set-aside conviction stays on the criminal
history and still counts as a prior conviction for sentencing under
AS 12.55.085(f)(3). People often assume a set-aside wipes the record; it does
not.
Sealing is almost never available for a real conviction. AS 12.62.180(b)
reaches only information that resulted from mistaken identity or false
accusation, proven beyond a reasonable doubt—not a conviction the person
committed.
Even sealed information is not gone. Under AS 12.62.180(d), sealed
information is still shared for criminal-justice employment, record management,
research, and other listed purposes, though the person may deny its existence to
the general public.
Common questions
Can I expunge a misdemeanor or felony conviction in Alaska? No. Alaska has no
adult-conviction expungement statute; the closest relief is a discretionary
set-aside after a suspended imposition of sentence (AS 12.55.085(e)).
Does a set-aside restore a clean record for background checks? No. The
conviction remains on the record and can still be seen and used, including as a
prior conviction in a later case (AS 12.55.085(f)(3)).
Is there any way to seal a conviction I actually committed? Not through
AS 12.62.180, which is limited to mistaken-identity or false-accusation cases. A
pardon is a separate option but does not erase the conviction.
Statutes and sources
- AS 12.55.085 — suspending imposition of sentence and set-aside of a conviction
at discharge; excluded offenses; set-aside still counts as a prior conviction.
https://www.akleg.gov/basis/statutes.asp?media=print&secStart=12.55.085&secEnd=12.55.086 (accessed 2026-07-20) - AS 12.62.180 — administrative sealing of criminal-justice information for
mistaken identity or false accusation; appeal standard; retained-access uses.
https://www.akleg.gov/basis/statutes.asp?media=print&secStart=12.62.180&secEnd=12.62.180 (accessed 2026-07-20)
Source links
Every statute quoted above, linked, with the date we checked it.
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