Last updated:  November 11, 2024

I.  Loss & restoration of civil/firearms rights

A.  Vote and Jury

The rights to vote and to serve on a jury are lost upon conviction of a felony and automatically restored upon “unconditional discharge.”  Alaska Stat. §§ 15.05.030(a); 09.20.020; 33.30.241.  See also 12.55.185.18 (defining unconditional discharge as release “from all disability arising under a sentence, including probation and parole”).¹,  The commissioner of corrections must establish procedures for notifying those unconditionally discharged about the voter registration requirements and procedures.  § 15.05.030(b).

B.  Office-holding

Restoration of vote also restores right to hold office.  Alaska law contains several general prohibitions against holding public office by a person who is not a qualified voter:  Alaska Stat. §§ 15.25.030(10) (candidacy for public office); § 39.05.100 (appointment to a board or commission of state government must be “registered voter”).  See the more specific provisions relating to service on school boards (§ 14.08.045(a)(4) (conviction of felony involving moral turpitude or offense involving violation of oath of office) and as a judge (§ 22.30.070(b) (on recommendation of commission, supreme court may reprimand, censure, or suspend judge convicted of crime punishable as a felony under state or federal law, or of crime involving moral turpitude).

C.  Firearms

A person with a felony conviction (or juvenile equivalent) may not possess a concealable weapon for 10 years following discharge (privilege is lost permanently if offense is one against the person), unless conviction set aside or pardoned. Alaska Stat. §11.61.200(a)(1),(b)(1).   During the period of disability, a convicted person may not live in a building where concealable firearms are kept without permission of court or law enforcement. § 11.61.200(a)(10). Once 10-year period has expired, a person with a state offense is relieved of federal firearms bar since all civil rights have been restored. See 18 U.S.C. § 921(a)(20).

D.  Other collateral consequences

For a review of collateral consequences in Alaska, see Alaska Prisoner Reentry Task Force, “Alaska’s 5-Year Prisoner Reentry Strategic Plan, 2011–2016,” discussed in Part IV.  See also Periman, “Collateral Consequences and Reentry in Alaska: An Update,” Alaska Justice Forum 30(3–4): 1, 7–10 (Fall 2013/Winter 2014).

E.  State Policy on Rehabilitation

Rehabilitation and reintegration of the convicted have been components of public policy in Alaska since statehood; the principle of reformation is one of the five considerations on which the Alaska Constitution requires that administration of the criminal justice system be based. (The others are public safety, community condemnation, rights of victims, restitution from the offender, and “the principle of reformation.” See Alaska Constitution art. I, § 12.)

II.  Pardon policy & practice 

A.  Authority

The pardon power, except in cases of impeachment, is vested in the governor alone, “subject to procedure prescribed by law.”  Alaska Const. art. III, § 21; Alaska Stat. § 33.20.070.  By statute, the governor “may not grant executive clemency to a person” unless the case has first been referred for investigation to the Board of Parole and at least 120 days have passed.  § 33.20.080(a).  The Board is required to investigate each case so referred and report to governor within 120 days.   Id.  It must also, within five days of receipt of notice from governor, notify the Department of Law, the office of victim’s rights, and the victim if a crime of violence or arson. § 33.20.080(b).²  

A non-statutory Governor’s Executive Clemency Advisory Committee (“ECAC”) (composed of a member of the governor’s staff, a representative from the Department of Law, and a public member) reviews investigative reports and advises the governor.  The governor is not bound by the Committee’s advice.  

The pardon process in Alaska was essentially suspended in 2007, in the wake of several controversial grants by Governor Frank Murkowski, see note 1, supra, and for the next eleven years the pardon program was said to be “under review.” In January 2018 Governor Bill Walker took a step toward reviving pardoning in Alaska, and a new detailed application form was developed and posted on the “Clemency Update” section of the website of the Board of Parole. The website details the clemency process, responds to Frequently Asked Questions, and posts Parole Board statistics. However, according to statistics posted on the Parole Board site, there have been no grants since that time, and the application form underscores that “Clemency is an extraordinary measure that is rarely given and is only granted in special circumstances.”

For a review of the history and practice of pardoning in Alaska, see Ronald S. Everett & Deborah Periman, “The Governor’s Court of Last Resort:” An Introduction to Executive Clemency in Alaska, 28 Alaska L. Rev. 58 (2011). The records of the Parole Board indicate that there have been only 188 grants of clemency since statehood in 1959, of which more than half (96) were granted between 1959 and 1966 by Alaska’s first governor.  

B.  Eligibility

A person may not apply for pardon unless and until he or she has been found eligible to apply by Parole Board staff.  The application process begins with filing an Eligibility Determination form.  The Parole Board website states that the clemency process is presently undergoing review, so that the previously applicable handbook describing standards for pardon has been withdrawn.   Persons convicted under federal law or convicted under the law of another state are ineligible for a Governor’s pardon.

C.  Effect

Pardon is the only way to regain lost rights and remove disabilities under Alaska law.  Pardon has the effect of “setting aside” the conviction, so that individual is deemed not to have been convicted (though conviction remains on the record).  A pardoned conviction may not be taken into account in subsequent sentencing, or by licensing board, though conduct underlying the conviction may be.  Conviction is no longer a bar, but offense conduct may be considered in context of determining good moral character.  A pardon will restore gun rights. Alaska Stat. §11.61.200(b).

D.  Process

Aside from the statutory notice requirements described above, no formal regulations govern process.  Alaska Stat. § 33.20.080(b).  The process is described, along with “Frequently Asked Questions” on the Parole Board website. All applications filed are initially sent to the governor, and the Board undertakes an investigation only if requested to do so by the governor. Applicants for clemency are informed that “virtually their entire history is considered,” and they are required to sign waivers permitting an investigation of their employment and personal history.  Applications are investigated by staff of the Board of Parole, including comments from DA and sentencing court and victim if relevant, and a summary of the case with recommendation is prepared and submitted to the Governor’s Executive Clemency Advisory Committee (“ECAC”), which meets as often as necessary to review pending applications. Statistics posted on the Parole Board website between 2011 and 2023 indicate that no pardons have been granted during this period.

E.  Frequency of Grants

There are few pardon applications, and there have been only three pardon grants since 1995, and none since 2007.  See note 1 for a controversial grant in 2007 at the end of Governor Murkowski’s term, which resulted in a decade-long suspension of the pardon process.  The records of the Parole Board indicate that there have been only 188 grants of clemency since statehood in 1959, of which more than half (96) were granted between 1959 and 1966 by Alaska’s first governor. Source: Alaska Parole Board. 

G.  Contact

Alaska Board of Parole
550 W 7th Ave, Ste. 1800
Anchorage, AK 99501

clemency@alaska.gov.

III.  Expungement, sealing & other record relief 

A.  In general

The Alaska court system provides access to public court records online, except that courts may not publish online cases resulting in acquittal or dismissal, including following suspended entry of judgment.  See Alaska Stat. § 22.35.030 (see discussion of non-conviction records, below).  As to records held by executive branch agencies, “criminal justice information and the identity of recipients of criminal justice information are confidential and exempt from disclosure . . . .  Alaska Stat. § 12.62.160(a).   Grounds for releasing this information include “when, and only to the extent, necessary to avoid imminent danger to life or extensive damage to property” and “to the extent required by applicable court rules or under an order of a court of this state, another state, or the United States.” § 12.62.160(b)(1), (2). Other exceptions include provision of information for law enforcement purposes, for research purposes, and to government agencies “when necessary for enforcement of or for a purpose specifically authorized by state or federal law.”  The prohibition on disclosure of non-conviction records is picked up in 12.62.160(b)(8).  In addition, a 2024 law prohibits the release or publication of records on convictions for marijuana possession that has been decriminalized (HB28, codified at §§ 12.62.160(b)(8), (f)).   

With a single exception for marijuana possession enacted in 2024, Alaska law makes no provision for sealing or expunging records of a valid conviction, and there exists “a clear preference for public records to remain accessible.” Johnson v. State, 50 P.3d 404, 406 (Alaska App. 2002).  Otherwise, sealing of criminal justice agency records is available only where the information resulted from mistaken identity or false accusation, and only if proved beyond a reasonable doubt to the head of the agency responsible for maintaining the records.  See Alaska Stat. § 12.62.180(b).  On appeal, the defendant must show that the decision below was “clearly mistaken.”  § 12.62.180(c).  After sealing, the person may deny the existence of the information and of an arrest, charge, conviction, or sentence shown in the information.  Alaska Stat. § 12.62.180(d). Under this authority, access to sealed records is permitted only for law enforcement employment, and for research and statistical purposes. § 12.62.180(d).   

B.  Set-aside after deferred imposition of sentence

Courts have authority, with consent of prosecuting attorney and defendant, to suspend imposition of sentence and, after successful completion of a period of probation, “set aside the conviction and issue to the person a certificate to that effect.”  Alaska Stat. § 12.55.085(e).    Unlike the authority to suspend entry of judgment under § 12.55.078, below, this disposition is regarded as a “conviction” under state law since judgment has been entered.  Serious violent offenses, stalking, removing a child from the state, human trafficking, sex offenses, and offenses involving use of firearm do not qualify.  Id. at (f).  Also ineligible: those who have previously benefited from disposition unless judge makes written findings, and prior domestic violence conviction. 

No affirmative showing or finding of rehabilitation need be made before a set-aside is granted; rather, a set-aside should be granted as a matter of right unless some specific reason for denial is established. Wickham v. State, 770 P.2d 757 (Alaska Ct. App. 1989).  Before a sentencing court may refuse to set aside a conviction under subsection (e), the defendant must be given notice that there is reason to believe a set-aside should not be granted, with a precise statement of the reason or reasons, and must be afforded an opportunity for a hearing on the set-aside issue. Mekiana v. State, 707 P.2d 918, 921-22 (Alaska Ct. App. 1985), rev’d on other grounds, 726 P.2d 189 (Alaska 1986):

By enacting the set-aside language of subsection (e), the legislature clearly intended to provide probationers who received a suspended imposition of sentence with the prospect of a clean slate and the promise of a new beginning upon successful completion of probation; a sentencing court cannot thwart this legislative goal — or, for that matter, hinder appellate review — by denying such relief without explanation.

See also Wickham, supra at 1143:

[Statute] does not abandon the requirement of showing rehabilitation as a prerequisite to a set-aside; rather, the statute merely shifts the burden of proof on the issue. In practical effect, the statute deems successful completion of probation to be the equivalent of a prima facie showing of rehabilitation. This implicit showing of rehabilitation imposes on the state the duty of rebuttal, that is, the burden of presenting the court with evidence showing “good cause” to deny set-aside, despite the offender’s apparent rehabilitation.

Courts have no authority to order the criminal record expunged or sealed after set-aside, see Journey v. State, 895 P.2d 955, 962 (Alaska 1995).  Moreover, a conviction that has been set aside remains a conviction for purposes of denying a license.  See Board of Nursing v. Platt, 169 P.3d 595, 599 (Alaska 2007); see also Spenard Action Comm. v. Lot 3, Block 1, Evergreen Subdiv.,  902 P.2d 766, 779 (1995) (explaining that a conviction that has been set aside is nevertheless evidence that a crime occurred: “[T]he dismissal of a charge following the period of stayed imposition of sentence is in the nature of a pardon, not a declaration of innocence”) (quoting City of St. Paul v. Froysland, 310 Minn. 268, 246 N.W.2d 435, 438 (1976)).  Set-aside does not eradicate the fact of conviction, and a defendant’s prior criminal history of repeated instances of assaultive behavior or cruelty to animals may be considered as an aggravating sentencing factor, see Alaska Stat. § 12.55.155(c)(8), Larson v. State, 688 P.2d 592, 597-98 (Alaska 1984).  It may also be used to deny licensure where convicted conduct is substantially related to opportunity.  See Platt, supra at 599.  In this respect, this disposition is different from the suspended entry of judgment under § 12.55.078, where no conviction results. See below. 

On the other hand, a conviction that has been set aside may not be relied on for impeachment purposes, and it does not qualify as “a ‘conviction’ in situations in which a sentence is increased or a crime is defined by a prior conviction.”  See Doe v. State Dep’t of Pub. Safety, 92 P. 3d 398, 406 (Alaska 2004); see also Larson v. State, 688 P.2d 592, 597-98 (Alaska 1984) (conviction that has been set aside is not counted in determining status as repeat offender, though conduct may be considered as an aggravating sentencing factor).  “In other words, the act of setting a conviction aside creates ‘a settled expectation that the state [will] not subsequently use the conviction … as a basis for imposing brand-new affirmative burdens on [the defendant].’”  Alaska Board of Nursing v. Platt, supra, 169 P.3d at 599 (citing Doe, supra, at 408).   For example, it is an affirmative defense to a felon-in-possession prosecution under § 11.61.200 that the person has had her conviction set aside pursuant to § 12.55.085.  See Alaska Stat. § 11.61.200(b)(1)(B), (b)(2)(B), (g)(1)(B).  

C.  Suspended entry of judgment for first felony offenses

Under legislation enacted in 2016, courts may, for certain offenses, and with the consent of the prosecuting attorney, place a defendant who has no prior felony conviction on probation without an entering a judgement of guilt. Alaska Stat. § 12.55.078.  Certain prior misdemeanors also make a person ineligible for this relief.  Upon successful completion of probation, the defendant is discharged, charges are dismissed, and no conviction results.  The courts may not publish records of dismissal under this authority on a public website, since it is a non-conviction record and shielded from disclosure under 12.62.160(b)(8).  See also “Non-conviction records,” paragraph D below. 

D.  Non-conviction records

Though non-conviction records may only be sealed under the standard described in paragraph A above, they are generally unavailable to the public from the agency possessing them without the consent of the subject of the record.  Alaska Stat. § 12.62.160(b)(8); § 22.35.030; 13 AAC 68.310. Courts may not publish records of cases resulting in acquittal or dismissal “on a publicly available website” including following suspended entry of judgment: 

The Alaska Court System may not publish a court record of a criminal case on a publicly available website if 60 days have elapsed from the date of acquittal or dismissal and

(1) the defendant was acquitted of all charges filed in the case;

(2) all criminal charges against the defendant in the case have been dismissed and were not dismissed as part of a plea agreement in another criminal case
under Rule 11, Alaska Rules of Criminal Procedure;

(3) the defendant was acquitted of some of the criminal charges in the case and the remaining charges were dismissed; or

(4) all criminal charges against the defendant in the case have been dismissed after a suspended entry of judgment under AS 12.55.078. 

Alaska Stat. § 22.35.030.  However, as noted above, sealing further restricting access to non-conviction records is authorized only in cases of mistaken identity or false accusation.  Alaska Stat. § 12.62.180(b).  

E.  Juvenile records

Juvenile delinquency records are generally confidential and unavailable to the public. Alaska Stat. § 47.12.300 (c), (e).  Additionally, the court shall seal most juvenile records (except for traffic offenses, class A & B felonies against the person or first degree arson, Alaska Stat. § 47.12.030) within 30 days of a minor’s 18th birthday or within 30 days of the court’s release of jurisdiction, whichever is later. If a juvenile was charged as an adult, most juvenile records (except for traffic offenses and certain serious felonies) may be sealed five years after completion of the sentence or five years after the records are made public. §§ 47.12.300(d) and (f).  “A person may not use these sealed records for any purpose except that the court may order their use for good cause shown or may order their use by an officer of the court in making a presentencing report for the court.” Id.³ 

IV.  Criminal record in employment & licensing

Alaska has no general law regulating consideration of conviction in employment or licensure.  In general, a professional license may be denied or revoked upon conviction.  See, e.g., § 21.27.410(a)(7) (insurance agent); § 08.04.450(5), (6) (accountant); § 08.68.270(2)(nurse); § 08.88.171(a) (real estate broker). See also Periman, “Collateral Consequences and Reentry in Alaska: An Update,” Alaska Justice Forum 30(3–4): 1, 7–10 (Fall 2013/Winter 2014).  It does apply a direct relationship test in connection with disciplinary action for medical and nursing licensees.  See Alaska Stat. § 08.68.270 (“The board [of nursing] may [discipline] a person who . . . (2) has been convicted of a felony or other crime if the felony or other crime is substantially related to the qualifications, functions or duties of the licensee”); § 08.64.326 (board of medical licensing may impose a disciplinary sanction on a licensee who has been convicted of a Class A felony, or a class B or C felony “that is substantially related to the qualifications, functions, or duties of the licensee,” or of a crime involving the unlawful procurement, sale, prescription, or dispensing of drugs).

Alaska Prisoner Reentry Task Force

In 2007, then-Chief Justice Fabe of the Alaska Supreme Court established the Criminal Justice Working Group, an organization comprising representatives from justice agencies across the state as well as representatives of the legislature.  One of its subcommittees was the Alaska Prisoner Reentry Task Force, whose report is at Alaska’s 5-Year Prisoner Reentry Strategic Plan, 2011–2016. The subcommittee on employment restrictions worked to “identify laws that are barriers to housing, employment, and other needs of persons with felony convictions,” and to “consider what changes might be possible, in the context of public safety, and rehabilitation of the offender.” The report includes a lengthy chapter on collateral consequences and recommendations to address this issue.  See also Alaska Prisoner Reentry Task Force Update.  

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1. “Unconditional discharge” means that a defendant is “released from all disability arising under a sentence, including probation and parole.” Alaska Stat. Ann. §§ 15.05.030(a), 12.55.185(18). Payment of fine and restitution may be made a condition of probation, § 12.55.100(a), and failure to pay fine or restitution may be grounds for revocation of probation, except that “[i]n a contempt or probation revocation proceeding brought as a result of failure to pay a fine or restitution, it is an affirmative defense that the defendant was unable to pay despite having made continuing good faith efforts to pay the fine or restitution.” Id. § 12.55.051(a); see also id. § 12.55.051(c), (d). Payment of restitution may be made special condition of parole supervision, and failure to pay may result in revocation of parole. Id. §§ 33.16.150(b)(6); 33.16.220(a). Parole authorities may require a prisoner released on parole to comply with special conditions “for any period up to the maximum term under which the prisoner is subject to the custody and jurisdiction of the board.” § 33.16.150.
2. The governor’s clemency authority was made subject to these limits by a statute passed in February 2007, in response to public outcry over a pardon granted by outgoing Governor Frank Murkowski to a construction company held criminally liable for the death of one of its employees in a landslide.  See Pat Forgey, “Governor Signs Bill Restricting Executive Clemency,” Juneau Empire, February 21, 2007.
3. Certain records (petitions for declaration of delinquency, to revoke or modify probation, to find a child not amenable to treatment, and court orders disposing of these petitions) are available to those with a “legitimate interest,” defined to include (but not limited) to foster parents and victims of a crime seeking to support a civil action against the minor or his/her guardians.  Alaska Stat. §§ 47.12.300(e).