Overview Description

A record relating to charges that were made public because the person received a dual sentence can be sealed, so long as the court finds that its order has had the intended rehabilitative effect and further finds that the person has fulfilled all orders entered under section 47.12.120. Alaska Stat. § 47.12.300(f).

Ineligible Category or Citation

Traffic offenses are not eligible for sealing. Alaska Stat. § 47.12.300(f). Serious offenses, as outlined in section 47.12.030(a), are not eligible for sealing. Alaska Stat. § 47.12.300(f)(2).

Procedure General

A person, or the Department of Human Services on the person’s behalf, can file a petition to seal the records of all criminal proceedings – except those relating to traffic offenses – initiated against him or her, as well as all punishments assessed against him or her, while he or she was a minor. Alaska Stat. § 47.12.300(f).

Fees

There is no statutory language regarding fees.

Effect

If a request to seal is granted, the superior court shall order the record of proceedings and the record of punishments sealed and restore the person’s civil rights that were removed because of the conviction. Alaska Stat. § 47.12.300(f).

The sealed records can only be used if the court orders their use for good cause shown or for use by an officer of the court when he or she is making a presentencing report for the court. Alaska Stat. § 47.12.300(f).

 

Waiting Periods

The petition can be filed five years after the dual sentence was entered.

(non-prod server)