How it works in Alaska
Under Alaska Stat. § 12.62.180, you ask the head of the agency that keeps the record to seal it. You must show, beyond a reasonable doubt, that the charge came from mistaken identity or a false accusation.
The steps
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Get fingerprinted
Have your fingerprints taken on a standard FD-258 card at a DPS office, a local police department, or one of the Department of Public Safety's approved fingerprint vendors.
Cost: Set by the provider — the Department of Public Safety keeps this vendor list for its concealed-handgun permit process; the page says some vendors also roll prints for other purposes — ask the one you choose for its fee
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Request your record
Complete and submit your application to request an official copy of your criminal history record from the Alaska Department of Public Safety.
Record request fee: $35.00 — the fingerprint-based state check; a name-based check is $20
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Review your record
Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.
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Request certified documents
Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.
Certified copy fee: $10.00 per certified document; $3.00 for each additional certified copy of the same document ordered at the same time (copying included) — a party gets one free certified copy of the final judgment or order in their own case; no fee for a person found indigent under Administrative Rule 10; plain (uncertified) copies are $5.00 for the first document and $3.00 for each additional document
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Verify the final documents
Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.
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Prepare your request
Complete the request based on the type of charge and outcome you are seeking. Have the arresting or citing officer (or the officer's superior) sign the form's verification if you were arrested or issued a citation, and the prosecutor (or the prosecutor's superior) if the charges were referred to a prosecutor. Attach the court's order or judgment showing dismissal, acquittal or not guilty — or, for a conviction, the judgment overturning it or the Governor's pardon. There are no timing restrictions to note — you can submit as soon as you can prove the mistaken identity or false accusation.
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Finalize your request
Take the completed request from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.
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File your sealing request
Once you have confirmed you have everything, file the request with the Alaska Department of Public Safety.
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Work with the Department
After the Alaska Department of Public Safety confirms it has received your filing, watch for the next instructions — typically a request for additional information or documentation. Respond promptly to anything the Department asks for.
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Receive the Department's decision
Once the Alaska Department of Public Safety rules on your request, it issues a written decision either granting or denying the request to seal. Review the decision's terms carefully — they spell out which records are covered. Keep a certified copy for your own files. If the Department denies the request, you may appeal to the court; on appeal you must show the agency's decision was clearly mistaken.
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Verify the record is sealed
Under Alaska Stat. § 12.62.180, each agency seals only the information it keeps, and once it is sealed you may deny the arrest, charge, conviction or sentence it shows. Sealed information may still be shared for the six uses the statute lists: record management and auditing, criminal justice employment, your own review, research and statistics, preventing imminent harm to a person, or a use a statute or court order allows. If a background-check provider later produces an outdated report, your certified copy of the Department's decision is your authoritative reference. Each agency seals only the information it keeps, so send the same written request to the head of each other agency that holds a record of the charge.
If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.
Help in Alaska
- For Alaska — Lawyer referral service: Alaska Bar Association Lawyer Referral Service
(800) 770-9999 Call from any phone
Toll-free in Alaska; (907) 272-0352 is the Lawyer Referral Service's other line (the page: 'Phone: (907) 272-0352 Toll Free in Alaska: (800) 770-9999'; 'When you call the Lawyer Referral Service: You will talk to a Lawyer Referral Service Assistant'). - For Alaska: Alaska's legal aid directory →