Read Alaska Stat. § 12.55.085 when the issue is suspending imposition of sentence. The statute says: “discharge by the court without imposition of sentence, the court may set aside the conviction and issue to the person a certificate to that…”
Appellate readings
Kevin Patterson v. Governor Bill Walker in His Official Capacity, 429 P.3d 829 (2018) is worth reading in full. The opinion puts it this way: “Such a suit is not cognizable unless the conviction or sentence has been reversed, expunged, declared invalid by a competent tribunal, or otherwise invalidated.”
William J. Journey v. State of Alaska, 1995 Alas. LEXIS 45 (1995) is worth reading in full. The opinion puts it this way: “Statutory Interpretation and Alaska Case Law Looking first to the statutory language, AS 12.55.085(e) refers only to setting aside the conviction; expungement is not mentioned.”
Paul N. Farmer v. State of Alaska, 2010 Alas. LEXIS 64 (2010) is worth reading in full. The opinion puts it this way: “Even if Alaska courts possess inherent authority to expunge criminal records, judicial expungement is an exceptional or extraordinary remedy rather than a generally available one, and Farmer did not qualify for it.”
A practical sequence
- Open Alaska Stat. § 12.55.085 and read the part on suspending imposition of sentence. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Alaska county uses, then check the form against Alaska Stat. § 12.55.085.
- Then read Kevin Patterson v. Governor Bill Walker in His Official Capacity, 429 P.3d 829 (2018). That is a Alaska court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Alaska?
Alaska Stat. § 12.55.085 deals with suspending imposition of sentence. The statute says: “discharge by the court without imposition of sentence, the court may set aside the conviction and issue to the person a certificate to that…”
How have Alaska courts ruled on set-aside?
Kevin Patterson v. Governor Bill Walker in His Official Capacity, 429 P.3d 829 (2018) “Such a suit is not cognizable unless the conviction or sentence has been reversed, expunged, declared invalid by a competent tribunal, or otherwise invalidated.”
Read Alaska Stat. § 12.55.085 in full before you file. A quotation on this page is a starting point, not the whole section.