Alaska Criminal Records

Alaska criminal records refer to documents that detail a person’s previous engagement with law enforcement agencies. That entails contact with law enforcement agencies as well as the courts, which means arrests, detentions, acquittals, and convictions. There are different ways that an individual or potential employers would access a person's criminal history. At the state level, an individual will have a criminal charges RAP sheet detailing all their engagements with the criminal justice system. The employer may or not have access to the record. If the job requires fingerprint background checks, then the employer will probably be able to view the rap sheet.

At the federal level, there is also a record of engagement with law enforcement agencies. However, Employers cannot access the federal RAP sheet unless the work is related to the criminal justice system. Some companies do sell criminal history information to the requesters, though. A non-disclosure agreement will likely be necessary to purchase a background check when applying for work or certain higher education.

According to the Alaskan Statutes, 12.62.900(8), previous convictions, current offender information, and criminal identification information are deemed confidential. State statutes regulate how the central repository of criminal justice information disseminates information. The information is provided by the criminal records and identification bureau, which allows for state and national background checks. For individuals searching for their personal information, written permission or fingerprints have to be issued to the presiding agency.

What are the types of Crimes in Alaska?

Alaska has its system of classifying crimes, identifying the particular punishments for each. The state legislature has classified crimes according to three groups which are felonies, infractions, and misdemeanors. Usually, the mental state or the victim's injury affects the grading of a crime. According to Alaska statutes 11.81.250, Mala in se crimes that are inherently evil such as sexual offenses, are graded higher compared to malum prohibitum offenses. The latter are crimes not designated as evil, but their actions are unacceptable in society. The following are groupings for criminal acts in Alaska.

Infractions

These are the lowest-level offenses which are often categorized as violations. They include traffic tickets or jaywalking, which generate fines rather than jail time. Infractions may also result in community service or alternative sentencing like anger management classes or traffic school. These violations are not usually referred to as crimes considering jail is not authorized for the offense.

Felony Misdemeanors

The authorities punish these offenses as either a misdemeanor on the lower side or a felony if it is harsher sentencing. The discretion of whether to prosecute the crime according to a misdemeanor or a felony depends on the prosecutor. It is because the prosecution labels the charges, and the guilt of the offender is dependent on how the offense category is judged.

If an individual is found to have operated machinery under the influence of drugs, the charge can be a misdemeanor unless prior instances result in convictions. If the individual was found guilty twice before of the same crime, then it can warrant a felony DUI. That is categorized as a class C felony. A class C conviction is the least severe and may result in a term of up to five years. The fine can go up to $50,000.

Misdemeanors

These are categorized as less serious than felonies, attracting less jail time or fines. It is because the injury or damage is not significant, so the punishment does not have to be as damning. Misdemeanors also attract probation, community service, or house arrest. There are two groups of misdemeanors, as is the case with felonies. They are Class A and Class B. The former is close to felonies because of the seriousness of these crimes.

Examples would be theft of property under a specific value or vandalism. The maximum term for these offenses would be up to 1 year or paying a fine of up to $25,000. In some cases, the offender is made to pay the fine and serve jail time. Class B Misdemeanors are the lesser form of the same group of offenses. These can include driving with a suspended license or shoplifting. A conviction of a class B misdemeanor may result in a 90-day jail term or a fine of $2,000.

In Alaska, misdemeanor convictions would result in jail rather than a prison sentence the difference between the two is counties operate the jails while the state operates the prisons. Jail is for offenders that have committed misdemeanors, while prisons are for those who have committed felonies.

Felonies

These are grouped as the most severe offenses. In Alaska, the state government perceives these crimes as being either supported by heinous intent or accompanied by significant injury, loss of life, or destruction of property. Felonies in Alaska are categorized into four classes.

Unclassified felonies

They are the most severe crimes one can commit and attract the longest prison sentences, along with hefty fines. First-degree murder, sexual assault, or attempted murder are grouped here. They lead to sentences of 20 to 99 years in the penitentiary and fines of $500,000 at most.

Class A felonies

Class A felonies in Alaska are the next category of crimes. They are punishable by up to 20 years in prison and a fine of $250,000. Such crimes include aggravated assault resulting in serious bodily injury to another person.

Class B felonies

Class B felonies are significant crimes that attract a prison sentence of up to ten years. The fine for this is up to $100,000, per Alaska Statute 12.55.035. An example of a class B felony is selling scheduled substances to minors.

Class C felonies

These are the least severe felonies in the state and may lead to a prison term of five years maximum. A fine of $50,000 may also be issued to the offender. An example of these offenses is facilitating or making money from prostitution.

How does Probation Work in Alaska?

When it serves the best interests of the state and the defendant, a judge can place the offender on probation. For misdemeanor offenders, they do not get probation officers. They are, however, subject to the terms of their probation, which, if violated, result in a bench warrant. Felony offenders, though, have to report to a probation officer on a periodic basis, and the maximum term is 15 years. The probation officer may decide to facilitate additional assistance for the offender, including education, housing, and job counseling to help them reintegrate into society.

The judge may issue probation conditions on the offender, which have to be followed. Probationers are not allowed to drink alcohol or use drugs for the duration of their supervision. They are not allowed to carry weapons and are mandated to pay fines to the court or restitution to the victim. The probationer is mandated to stay employed, look for work or go to school as a part of their curricula. Regular checks with the probation officer during this time are mandatory. The probation officer will ensure they are keeping with the terms of their probation as issued by the courts.

Probationers also avoid victims or previous contacts that led them to commit crimes. They also have to forfeit items used in the crimes, including vehicles or means of travel. Probationers can only travel out of the state if the probation officer authorizes it for a temporary period. They have to live in a place that is pre-approved by the officer. If there is a need to change the living arrangements, like roommates, the probationer has to notify the officer ten days before making the change. If notifying them in advance is not possible because of the circumstances, then the notification must come within 72 hours of being aware of a projected change.

Should the offender violate the conditions of their probation, the officer may have to bring the offender back to court. They will implement a petition to revoke probation, and the probation officer can arrest the offender before the hearing. This is especially if the conduct of the offender is pacing others at risk.

How does Parole Work in Alaska?

Offenders that have a sentence of longer than two years earn mandatory parole, which entails early release from jail or prison. That is by accumulating good time or days credited for good behavior when incarcerated. According to state law, the Department of Corrections deducts good time from the sentence imposed. It is one day for every two days that are served. Offenders can also lose time if they are recorded as failing to follow facility regulations or if they do not complete court-ordered treatment. ‘

The parole board, though, rejects the majority of applications. Should the board grant parole, it will set conditions to reduce risks to the public and to increase the chances of the parolee for success. The conditions for Parole are set pursuant to the Alaskan statutes, § 33.16.150. In this case, the offender must make regular efforts to maintain steady employment and/or meet family obligations. They must also obey local, or any other state ordinances and any court orders applicable to the parolee. If involved in counseling, training, education, or treatment, parolees are required to continue within the program unless there is permission from the officer assigned.

Parolees have to remain within the stated geographical limits unless there is written permission to travel from the limits as granted. Parolees are also not allowed to use, possess, or administer controlled substances, defined according to the 11.71.900, for which the prescription is required.

How Does Expungement Work in Alaska?

The state laws do not make any provisions for the expunging of records following valid convictions. In the state, an individual may request to have the criminal record sealed only if the record is based on mistaken identity or false accusations. In Alaska, even if the charge is dismissed or the conviction is set apart, it still is a part of the record. Should one qualify for sealing their record, they must issue a Request to Seal Criminal Justice via mail.

It will fall on the Alaska Department of Public Safety to evaluate the claim and make a decision.

If one is not eligible for sealing of the record, it is still possible to apply for a pardon from the Board of Parole. Though a pardon does not mean a conviction is removed from the criminal record, it can still assist in proving rehabilitation efforts to prospective employers or educational institutions. If a person’s request to seal the record is approved, then it is possible not to confirm it when asked about the incidents.

That means an ex-convict does not have to disclose the arrest, charges, conviction, or sentence. In certain scenarios, such as the criminal justice system or law enforcement employers, one has to reveal the sealed records. It may be difficult to seal criminal records, so hiring legal representatives to provide advice may be necessary. They may provide a strong case and the best chance for sealing it.

How to Obtain a Criminal Record in Alaska

According to Alaska statute, AS 12.62.160, individuals can search and access criminal records. To get criminal records, interested parties may submit a ‘Request for Search’ form through the Alaska Department of Public Safety and specify the detachment they must reach. If consent has been issued, background checks may be made through the department’s Criminal Records and Identification Bureau. One can either go for the name based $20 search or the fingerprint option that costs $35. However, facilities and employers are licensed by the Department of Health and Social Services per AS 47.05.310. Licensing agencies can also use the portal to field applicants and the New Alaska Background Check System.

Though, the state background check laws make it not possible for people to go through a background check on another person if they have not consented. Alternatively, individuals may opt for background checks on themselves though they have to use the applicant-initiated process. Background checks on another individual for personal reasons are not possible through the state unless the interested party uses third-party aggregate services for checking criminal history or other public information.

Counties in Alaska

List of Content

What are the types of Crimes in Alaska?
How does Probation Work in Alaska?
How does Parole Work in Alaska?
How Does Expungement Work in Alaska?
How to Obtain a Criminal Record in Alaska