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Alaska Expungement Laws

Imagine this scenario: you go to apply for a job in Alaska but are told you can't be hired because of your criminal arrest record. Perhaps twenty years prior you were arrested for disturbing the peace but the charges were dropped. This happens all the time but unfortunately, that arrest record is still part of the Alaskan criminal record database and open to the public. When a background check is initiated the arrest record will be flag. There could be a perfectly innocent explanation but as far as your potential employer is concerned, you have a criminal record and that's enough to deny you the job.

Many states, like Alaska, provide for arrest and criminal records to be expunged. This means essentially erasing all trace of that record. Having an arrest record expunge is extremely important when applying for a new job. With an expunged record you can accurately say that you were never arrested because as a far as a background check will prove, you weren't. However, in the state of Alaska there are limited expungement laws.

In Alaska, your records are either sealed or expunged depending on how the court rules in your case. Expungement of your arrest record occurs in a case of mistaken identity. In other words, if the charges against you were dropped or dismissed or you were found innocent then you can apply to the Alaskan courts to have your records expunged. On the other hand, if you were found guilty of the charge then Alaska law dictates that you won't be able to have the record expunged or sealed. This also applies to DUI cases. Only when there is a mistake in the charge can you have your DUI arrest expunged.

The other option would be to obtain an official pardon from the Alaskan Governor. Once you have been granted a full pardon, you can have your records expunged. Typically this only occurs when you have fulfilled your obligation to the penal system and have successfully petitioned the governor's office for a pardon.

Because Alaska has such strict clemency laws, it is advisable for you to engage the services of a professional criminal defense lawyer to assist you with your case. They will be in the best position to advise you about your options. They will also know how to fill out the proper applications and with which court to file them. Having a clean record can bring you great peace of mind.

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