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DUI Expungement in Alaska

Expungement refers to the legal process in which an individual’s arrest or conviction may be erased from his/her criminal record. In Alaska, you may submit a written request to the head of the agency responsible for maintaining your criminal record, asking the agency to seal your record if your conviction resulted from mistaken identity or false accusation. This means that your DUI may only be expunged in the case of a mistake or if you are found not guilty. If convicted, you may seek a pardon or reversal if it is warranted, but otherwise your DUI conviction cannot be expunged. The decision of the head of the agency is final. If you are a minor, the court may seal your records when you reach eighteen. However, your sealed records may be made available if good cause is shown.  The following statutes refer to expungement in Alaska:

§ 12.62.180. Sealing of criminal justice information

(a) Under this section, a criminal justice agency may seal only the information that the agency is responsible for maintaining.

(b) A person may submit a written request to the head of the agency responsible for maintaining past conviction or current offender information, asking the agency to seal such information about the person that, beyond a reasonable doubt, resulted from mistaken identity or false accusation. The decision of the head of the agency is the final administrative decision on the request.

(c) The person requesting that the information be sealed may appeal an adverse decision of the agency to the court under applicable rules of procedure for appealing the decision of an administrative agency. The appellant bears the burden on appeal of showing that the agency decision was clearly mistaken. An appeal filed under this subsection may not collaterally attack a court judgment or a decision by prison, probation, or parole authorities, or any other action that is or could have been subject to appeal, post-conviction relief, or other administrative remedy.

(d) A person about whom information is sealed under this section may deny the existence of the information and of an arrest, charge, conviction, or sentence shown in the information. Information that is sealed under this section may be provided to another person or agency only

(1) for record management purposes, including auditing;

(2) for criminal justice employment purposes;

(3) for review by the subject of the record;

(4) for research and statistical purposes;

(5) when necessary to prevent imminent harm to a person; or

(6) for a use authorized by statute or court order.

§ 47.10.090. Court records

(a) The court shall make and keep records of all cases brought before it.

(b) Repealed by SLA 1996, ch. 59, § 55, eff. Sept. 10, 1996.

(c) Within 30 days after the date of a child’s 18th birthday or, if the court retains jurisdiction of a child past the child’s 18th birthday, within 30 days after the date on which the court releases jurisdiction over the child, the court shall order all the court’s official records pertaining to that child in a proceeding under this chapter sealed. A person may not use these sealed records unless authorized by order of the court upon a finding of good cause.

(d) The name or picture of a child under the jurisdiction of the court may not be made public in connection with the child’s status as a child in need of aid unless authorized by order of the court or unless to implement the permanency plan for a child after all parental rights of custody have been terminated. This subsection does not prohibit the release of aggregate information for statistical or other informational purposes if the identity of any particular person is not revealed by the release.

(e) The court’s official records under this chapter may be inspected only with the court’s permission and only by persons having a legitimate interest in them. A foster parent is considered to have a legitimate interest in those portions of the court’s records relating to a child who is placed by the department with the foster parent or who the department proposes for placement with the foster parent.

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