Alaska Arrest Records
Arrest records are documents that illustrate the past interactions a person has had with local, county, and state law enforcement agencies. These show if the party has been taken into custody and held for investigation. They also show the charges filed and the category of the crime. In Alaska, police reports are different from arrest records. The former happens when the person has been detained by physical restraint, handcuffed, and booked at the police station. Police custody is when law enforcement officers deprive a person of their freedom of movement for a short period.
Arrest records are open for public viewing and inspection following the Alaskan Public Records Act, though there are restrictions under AS 40.25.100 – 40.25.295. Information containing medical, mental health juvenile cases, or ongoing criminal investigations are only available to certain requesters. That is law enforcement personnel, legal representatives, and the person on the record. Particular enforcement records, where disclosure may compromise the defendant’s right to trial, may also compromise an investigation. It can also result in the exposure of witness or victim identities.
Arrest records typically include the information attained during apprehensions, such as personal names, age, mugshots, witness identities, victim information, and the arresting officer’s remarks. These records may also include the person’s current criminal charges and the priors to arrest. Any outstanding warrants may be included within the report as ordered by the courts.
What Laws Govern Arrests in Alaska?
Alaskan statutes maintain that law enforcement agencies and private citizens are allowed to make arrests on offenders following suspected criminal activities. As per statute 12.25.010, an arrest can be done by a peace officer or a private individual. That is when there is an open warrant out for their arrest. Alternatively, a peace officer or private citizen can arrest a person without a warrant, as provided by Section 12.25.030, for a crime committed or attempted within the presence of the individual making the arrest. It can also be when the individual has committed a felony, and the person making the arrest has reasonable cause for believing the individual has committed the act.
Judges or magistrates within the jurisdiction of Alaska are authorized to order the arrest of an offender if a crime has been committed in their presence. They can proceed immediately as though the offender has been brought before the courts on an arrest warrant. According to statute 12.25.035 a state trooper can arrest an individual without a warrant for committing a violation or misdemeanor. That is when the state trooper has reasonable grounds to believe the person in question has committed the offense or when personal property damage may occur unless the person is detained immediately.
Regarding money or property taken from an individual on arrest, the law enforcement agencies taking it shall make duplicate receipts specifying the amount taken. The officer may also deliver a receipt to the individual arrested and another copy to the magistrate that served the warrant.
What Is the Arrest Booking Process in Alaska?
Upon arrest, offenders are read their Miranda rights; then law enforcement officers may take them to jail or release them with a citation and a promise to appear at a later date. The booking process following the person’s arrest involves the following steps.
Recording Vital Information
Officers at the station take down the person’s name, criminal charges, contact information, and other information. Most of it is taken from the law enforcement citation or an account of the incident.
Mugshots
These are the most popular part of the booking process, where the suspect’s photographs are taken and recorded as part of the arrest record. These images also include the suspect’s height, weight, and incident date.
Confiscation of personal effects
When the mugshot is taken, the suspect is given jail attire and must provide personal clothes. These would be held until the suspect is released from custody. That is, unless they were in possession of contraband, in which case, it is stored as evidence.
Fingerprinting
Officers will take the impressions from all of the ten suspect’s fingers. These are recorded in a computerized database, and if the incident includes fingerprint evidence, it would be compared to the known ones from the offender. Aside from fingerprinting, medical techs will also take a DNA sample from the offender’s inner cheeks. This information is processed and stored within a national database.
Mugshots
Photographs of the suspects are taken to record the individual’s physical appearance and their condition when they are taken into custody. This information is then stored in a database accessible to most agencies. It can be quite helpful to law enforcement agencies if they are to encounter the same individual, as they can access the person’s criminal history.
Full Body Search
The offender must remove all clothing articles to ensure they are not hiding any contraband within their body cavities. That includes any weapons or drugs. Strip searching is typically invasive but is implemented to protect officers and other inmates.
Warrant Checks
Law enforcement officers perform a search through the database for any outstanding warrants the offender might have. It can be of great help to law enforcement officers if they find an outstanding warrant on a person. That will assist them in solving other crimes by chance if they pick an individual for an unrelated crime.
Health Check
Officers at the station may also do a health screening to ensure the offender needs immediate care so they are not a threat to the other inmates or jail staff. This is particularly useful during pandemics.
Incarceration
The suspect is then put in a holding cell or other secure area where they await trial or bail to be posted. Before they are placed, the suspect would be interrogated to divulge associations such as gang affiliation, which would dictate where to put them in county lockup.
What Are Alaska Mugshot Records?
Mugshots are photographs that law enforcement officers take during the booking process. While the booking official takes down the person’s details, the mugshot identifies the arrestee, so it is possible to use the information later. At present, mugshots are taken from the police or federal websites and published on commercial third-party platforms. According to the provisions of AS 40.25. 120 (a) (6), members of the public should be able to access these records, except that the access to the records could interfere with the enforcement or would impact the privacy of a searched individual.
In a scenario in the context of a challenge to the Alaskan Sex Offender Registry Act concerning privacy rights, the state Court of Appeals considered that the constitutional protection of a person’s privacy would depend on the context of the interests between the individual and the society. The court claimed that when it comes to convicted sex offenders, the assumed expectation of privacy in biographical information collected has to yield to the community’s public safety interest.
That means that if it is in the interests of the public, mugshots and other information concerning a felon may be made available to the public. The Alaska state government does not have an open portal that provides mugshots, but interested parties may access these from reputable third-party sites. Alternatively, eligible parties may access them via the county sheriff’s offices where the incident and arrest were recorded.
How Long Does an Arrest Record Stay in Alaska?
Alaska arrest records remain on one’s criminal history file unless it is expunged or sealed by the government. The records of arrests and prosecutions form an individual’s rap sheets. These are maintained by the United States Department of Justice and local law enforcement agencies. The court seals the majority of juvenile records within 30 days of their 18th birthday or the court's release of the jurisdiction. Should they be charged as an adult, the majority of juvenile records are sealed five years following a completed sentence or after the records are made public information.
How to Expunge an Arrest Record in Alaska
Expungement or the sealing of records works in removing arrest or conviction records from one’s criminal background. In Alaska, though, the criminal record laws are conservative, as adults are not allowed to expunge their records. Juvenile records, though, may remain confidential per the law. The only way to remove the arrest records from the public domain is to seal them so they are deemed confidential. Section 12.62.180 of Alaskan statutes deals with sealing of criminal justice information. According to the section, a criminal justice agency can only seal the information that the company is responsible for maintaining.
The individual also has to provide evidence beyond reasonable doubt the charges are based according to a false accusation or mistaken identity. Even if a charge is dismissed in Alaska or a suspended conviction is set aside, it can remain on the individual’s criminal record. Though the record is sealed, charges and convictions may be hidden.
To qualify for a record sealing, one has to submit a request to seal a criminal justice record via mail to the Alaska Department of Public Safety. The department will assess the applicant’s claim and then issue a decision thereafter. Should one not be eligible for having their record sealed, it is possible to apply for a pardon from the Alaska Board of Parole. Though a pardon may not remove the record of a conviction, it does prove that the offender has been rehabilitated for the prospective employers. At present, the pardon or clemency program is currently being revised.
Should the person’s request to seal the record is approved, one does not have to disclose it to prospecting employers, though that is not in every case. Sealed arrest records would still be available for criminal justice or law enforcement employers. It is also necessary to disclose the information when there is imminent harm to another person. A court of law can unseal court records if there is reasonable cause.
How to Search Alaska Arrest Records
Alaska state regulations permit access to arrest records. The state troopers do not offer an official database of arrest records, though; these are stored by county law enforcement agencies. That being said, any party can view these records as maintained by the public records act. That means interested requesters can request third-party or individual arrest files by going to the local police department or the county sheriff’s office where the incident was recorded. Some county police departments or sheriff’s offices provide online platforms where individuals can view the records. Alternatively, it is possible to look up the records under the guise of a complete official State of Alaska criminal history report or by contacting the Department of Public Safety.
To use the site, the parties have to be equipped with the correct information, such as the person’s name, arrest date, booking number, and the location of the incident. The courts may charge fees to access the copies of these records, and fees can be paid online via credit card. That being said, the court typically removes the records of cases where the court sets the conviction apart and the person completes their sentence. It also removes records of juvenile cases involving substance abuse. Any cases that ended in dismissals or acquittals are also not availed. Records of the other cases which qualify for removal under Alaska’s administrative regulations are considered.
County courts also provide access to criminal histories, including arrest records, so interested parties can get physical copies from the court clerk where the case was filed. These requests can be made in person, via mail, or by email. Courts in Alaska typically charge $5 if it is the first one, while each additional file is $3. Fingerprint checks for arrests are more specific and restricted, though.
The requesters can submit an application and the required details, such as the person’s signature to show they consented to the search. These are only available then to law enforcement, legal representatives, and relevant parties of the incident. The checks cost $35 in the state, while each additional copy is $5. Third-party sites may also provide access to the arrest records though these platforms are exploitative and not regulated. It would be advisable to use the county or statewide platforms to implement the arrest record check.
Counties in Alaska
- Aleutians East
- Aleutians West
- Anchorage
- Bethel
- Bristol Bay
- Denali
- Dillingham
- Fairbanks North Star
- Haines
- Hoonah Angoon
- Juneau
- Kenai Peninsula
- Ketchikan Gateway
- Kodiak Island
- Lake And Peninsula
- Matanuska Susitna
- Nome
- North Slope
- Northwest Arctic
- Petersburg
- Prince Of Wales Hyde
- Sitka
- Skagway
- Southeast Fairbanks
- Valdez Cordova
- Wade Hampton
- Wrangell
- Yakutat
- Yukon Koyukuk