Alaska law

A Working Guide to Set-aside in Alaska

October 12, 2026 · LawDiver Research Team

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

  1. 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.
  2. Ask the clerk which local form that Alaska county uses, then check the form against Alaska Stat. § 12.55.085.
  3. 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.

Who may seek set-aside in Alaska | LawDiver