Alaska Statutes (Last Updated: January 11, 2017) |
Title 12. CODE OF CRIMINAL PROCEDURE. |
Chapter 12.62. CRIMINAL JUSTICE INFORMATION AND RECORDS CHECKS. |
Article 12.62.01. CRIMINAL JUSTICE INFORMATION. |
Section 12.62.180. Sealing of criminal justice information.
Latest version.
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(a) Under this section, a criminal justice agency may seal only the information that the agency is responsible for maintaining.
(b) A person may submit a written request to the head of the agency responsible for maintaining past conviction or current offender information, asking the agency to seal such information about the person that, beyond a reasonable doubt, resulted from mistaken identity or false accusation. The decision of the head of the agency is the final administrative decision on the request.
(c) The person requesting that the information be sealed may appeal an adverse decision of the agency to the court under applicable rules of procedure for appealing the decision of an administrative agency. The appellant bears the burden on appeal of showing that the agency decision was clearly mistaken. An appeal filed under this subsection may not collaterally attack a court judgment or a decision by prison, probation, or parole authorities, or any other action that is or could have been subject to appeal, post-conviction relief, or other administrative remedy.
(d) A person about whom information is sealed under this section may deny the existence of the information and of an arrest, charge, conviction, or sentence shown in the information. Information that is sealed under this section may be provided to another person or agency only
(1) for record management purposes, including auditing;
(2) for criminal justice employment purposes;
(3) for review by the subject of the record;
(4) for research and statistical purposes;
(5) when necessary to prevent imminent harm to a person; or
(6) for a use authorized by statute or court order.
Authorities
12.62.160
Notes
Implemented As
13 AAC 68.205
13 AAC 68.305
13 AAC 68.320
13 AAC 68.325
13 AAC 68.330
13 AAC 68.335
13 AAC 68.340
13 AAC 68.345
References
13 AAC 68.205
13 AAC 68.305
13 AAC 68.310
13 AAC 68.315
13 AAC 68.325
13 AAC 68.330
13 AAC 68.335
13 AAC 68.340
AS 12.62.160 Release and use of criminal justice information; fees.
History
(Sec. 2 ch 118 SLA 1994)