The Alaska criminal justice system recognizes certain laws that enable someone convicted of a crime to essentially have it removed from his or her criminal record. If you were eligible for this option in a similar situation, wouldn’t you consider requesting it? The legal term that refers to the process is “expungement.”
In certain cases, you might have difficulty obtaining gainful employment, renting an apartment or getting a commercial driver’s license due to your criminal record. Such issues can cause a lot of stress in life. If you qualify for expungement, however, and the judge overseeing your case orders it, the conviction that you were worried might “follow you” through life will no longer be accessible to the public. This means, for example, that if a prospective employer runs a background check on you, your past conviction will not come up.
FBI databases do not always recognize expungements
As with most criminal law issues, there are exceptions to the rule regarding expungement. If you were trying to obtain a job within the federal government, the FBI database might still reveal your past conviction, even if the state that convicted you has expunged your record.
Alaska only issues expungement in rare cases
Many states literally destroy all files on record regarding an expunged conviction, although Alaska isn’t one of them. In fact, this state only orders expungement in rare cases. For you to be eligible for expungement in Alaska, yours must be a case of mistaken identity or identity theft or similar circumstances.
You must make a formal request to the head of the department that houses criminal records to seek an expungement. You can accomplish this when the goal is to “erase” information regarding an arrest or a conviction. In many cases, such requests receive a denial. However, most people would consider it worth a try knowing that having a record expunged can help a person who has served his or her sentence to reacclimate back into society.
Always make use of criminal defense resources
If you have no legal background, you won’t necessarily have an easy time determining what type of defense strategies to employ if you are facing criminal charges in Alaska. The type of plea you enter, as well as everything you say and do during proceedings, may have a significant impact on the outcome of your case.
The good news is that you don’t have to do it alone. Every person who stands accused of a crime in Alaska has a right to criminal defense support. Whether or not you’re eligible for expungement, enlisting defense support is always best because it may help you mitigate your circumstances leading up to your trial and even if the judge hands down a conviction.