Alaska criminal record relief: the set-aside under AS §12.55.085, the sealing of non-conviction records under AS §12.62.180, why Alaska has no true expungement, and the pardon process

Alaska is one of the most restrictive states in the country for criminal record relief. The headline fact is simple and important: Alaska does not have expungement. There is no provision in Alaska law that allows an adult criminal conviction to be erased, destroyed, or removed from the record.

What Alaska offers instead is a set of narrower tools that provide partial relief without the full record-clearing effect that "expungement" implies in other states. Understanding what these tools actually do (and, critically, what they do not do) is essential for Alaska residents seeking to move past a criminal record.

The three available pathways: the conviction set-aside under AS §12.55.085, the sealing of non-conviction records under AS §12.62.180, and the governor's pardon. Each operates differently, and none provides the full relief that expungement delivers in states like Wyoming, New Mexico, or Montana.

The set-aside: what it does and what it does not do

The primary form of conviction relief in Alaska is the set-aside under AS §12.55.085. The mechanism works like this: a court may suspend the imposition of sentence (SIS), place the defendant on probation, and after the successful completion of the probation period, set aside the conviction.

What the set-aside does:

The conviction is formally "set aside," meaning it is treated as void for certain legal purposes.

The defendant may be able to state that the conviction has been set aside when asked about it.

The set-aside may provide some benefit in employment and licensing contexts, depending on the specific employer or licensing board.

What the set-aside does not do:

It does not seal the record. The conviction and the set-aside order both remain visible in the public record. Anyone conducting a background check can see the original conviction and the subsequent set-aside. Per Journey v. State, 895 P.2d 955, 962 (Alaska 1995), courts have no authority to order the criminal record expunged or sealed after a set-aside.

It does not erase the fact of conviction. Per Spenard Action Comm. v. Lot 3, 902 P.2d 766, 779 (Alaska 1995), a set-aside conviction "is in the nature of a pardon, not a declaration of innocence." The set-aside does not mean the crime didn't happen; it means the legal consequences are mitigated.

It does not prevent licensing denials. Per Board of Nursing v. Platt, 169 P.3d 595, 599 (Alaska 2007), a conviction that has been set aside remains a conviction for purposes of denying a professional license. A licensing board can still consider the underlying conduct.

It does not prevent sentencing enhancement. A set-aside conviction can still be used as a prior conviction for sentencing purposes in a subsequent criminal case.

The set-aside is materially weaker than expungement in every state that offers it. In Wyoming, expungement seals the record from public view and allows the person to deny the conviction in most contexts. In New Mexico, expungement removes the record from statewide databases. In Alaska, the set-aside changes the legal status of the conviction but leaves the record fully visible. A prospective employer running a background check will see both the conviction and the set-aside order.

Eligibility for the set-aside

The set-aside under §12.55.085 is not available for all convictions. It applies only when the court has suspended the imposition of sentence (SIS) and placed the defendant on probation. The defendant must successfully complete the probation period, including any conditions.

The set-aside is available for certain offenses; it is not available for all crimes. The specific eligibility depends on the offense and the sentencing structure. Serious violent and sexual offenses are generally not eligible for SIS and therefore not eligible for set-aside.

The set-aside is typically available at the sentencing stage (the court decides at sentencing whether to impose sentence or suspend imposition), not as a post-conviction petition years later. This means the set-aside is generally determined at or near the time of sentencing, not as a second-chance mechanism pursued years after the conviction.

Sealing of non-conviction records

For cases that did not result in a conviction, Alaska provides a sealing mechanism. Per AS §22.35.030, records of criminal cases in which a person was acquitted or had charges dismissed are confidential. These records are not publicly accessible.

Additionally, per AS §12.62.180(b), sealing is available for cases of mistaken identity or false accusation, if proven beyond a reasonable doubt.

The non-conviction sealing is the most protective form of record relief available in Alaska, but it applies only to cases where the person was not convicted. For actual convictions, the set-aside (with all its limitations) is the only court-based option.

The sealed record cannot be disclosed except as permitted by law. However, the sealing applies to the court and agency records; private background check companies that already obtained the information from public records before the sealing may still have it in their databases.

Juvenile records

Juvenile delinquency records are handled under a separate framework. Per AS §47.12.300(d), most juvenile records are automatically sealed when the defendant turns 18 or upon the court's release of jurisdiction, whichever is later. Sealed juvenile records are confidential and generally inaccessible to the public.

The automatic juvenile sealing is the most consumer-favorable form of record relief in Alaska, and it operates without the need for a petition. Juveniles tried as adults, however, are subject to the adult record framework (the set-aside, with all its limitations).

The governor's pardon

The governor of Alaska may grant pardons, acting on the recommendation of the Alaska Board of Parole. A pardon is a grant of clemency; it does not erase the conviction but rather forgives it.

A pardon can restore civil rights (such as the right to vote and serve on a jury, which are lost upon felony conviction and automatically restored upon "unconditional discharge" under AS §33.30.241). A pardon may also restore firearms rights in some circumstances.

Pardons are granted rarely and are considered in exceptional circumstances. The pardon application is through the Alaska Board of Parole. For most Alaska residents with conviction records, the pardon is a theoretical option rather than a practical one.

Civil rights restoration without expungement

Alaska automatically restores certain civil rights upon completion of the sentence:

The right to vote and to serve on a jury are restored upon "unconditional discharge" from the sentence, per AS §33.30.241. This applies to all felony convictions.

The right to hold public office is restored after unconditional discharge.

Firearms rights are more complex. Under federal law, a felony conviction disqualifies a person from possessing firearms, and state-level record relief (the set-aside) does not automatically restore federal firearms rights. The 2023 amendment to AS §6-10-106(a) bars possession of firearms by those convicted of a felony under state law as well.

How Alaska compares to other states

Alaska's framework is among the most limited in the country for conviction relief:

No expungement. Alaska does not allow the erasure or destruction of adult conviction records, placing it among the most restrictive states.

The set-aside does not seal the record. Unlike Wyoming's expungement (which seals from public view), Montana's permanent sealing, or New Mexico's database removal, Alaska's set-aside leaves the conviction visible.

Non-conviction sealing is available but narrow. Only acquittals, dismissals, and mistaken-identity cases qualify.

Juvenile sealing is automatic and consumer-favorable, consistent with the national trend.

Pardons are rare and discretionary.

The contrast with neighboring states is sharp. Wyoming offers a three-pathway framework covering non-convictions, misdemeanors (5-year wait), and non-violent felonies (10-year wait). Montana provides misdemeanor expungement with permanent sealing. Alaska offers none of this for convictions.

What this means practically

For Alaska residents with conviction records, the honest assessment is that Alaska law provides limited relief:

If you were never convicted (acquitted, charges dismissed), the non-conviction sealing under §22.35.030 makes those records confidential. This is meaningful relief.

If you were convicted and received a suspended imposition of sentence (SIS), the set-aside after successful probation changes the legal status but does not seal the record. Prospective employers and landlords will still see the conviction on a background check, along with the set-aside order. Some may view the set-aside favorably; others may still consider the underlying conviction.

If you were convicted and received an imposed sentence (not SIS), the set-aside is generally not available, and no court-based relief exists for your conviction record in Alaska.

For federal firearms rights, Alaska's set-aside does not restore them. The pardon process (through the governor) or a separate federal restoration pathway is required.

For private background check companies, even non-conviction sealing does not retroactively remove information from their databases. Removal requests under the Fair Credit Reporting Act must be made individually.

Practical guidance

For Alaska residents evaluating their options:

Confirm whether you received a suspended imposition of sentence (SIS). If so, and if you completed probation successfully, the set-aside under §12.55.085 may be available. Consult the court records or an attorney to determine your sentencing structure.

Understand that the set-aside does not seal. The conviction and the set-aside will both appear on background checks. Plan accordingly for employment and housing applications.

For non-conviction records, pursue sealing under §22.35.030 if you were acquitted or had charges dismissed. The confidentiality of these records provides meaningful relief.

For juvenile records, confirm that the automatic sealing occurred when you turned 18. If there is an issue, the juvenile court can be contacted.

For federal firearms rights, the set-aside is insufficient; explore the pardon process or federal restoration pathways.

For licensing boards, understand that the set-aside does not prevent a board from considering the underlying conviction per the Board of Nursing v. Platt precedent.

The Alaska Department of Law Consumer Protection Unit can be contacted at (907) 269-5200 for general guidance, though criminal record relief is primarily handled through the courts.

Alaska's criminal record framework is among the most limited in the country. The set-aside is the primary tool, but its inability to seal the record limits its practical value. For residents who need genuine record-clearing relief, Alaska law does not currently provide it. Understanding these limitations is the starting point for realistic planning.