00                            HOUSE BILL NO. 246                                                                          
01 "An Act restricting the release of certain records of convictions; and providing for an                                 
02 effective date."                                                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                            
05 to read:                                                                                                                
06 LEGISLATIVE INTENT. It is the intent of the legislature to reduce barriers to                                           
07 employment for people who have been convicted of low-level marijuana possession crimes                                  
08 that would be legal under today's laws. By protecting records of those low-level crimes from                            
09 certain types of criminal history background checks, it is the legislature's intent to increase the                     
10 likelihood that people convicted of those low-level crimes will become contributing members                             
11 of society.                                                                                                             
12    * Sec. 2. AS 12.62.160(b) is amended to read:                                                                        
13            (b)  Subject to the requirements of this section, and except as otherwise limited                            
14       or prohibited by other provision of law or court rule, criminal justice information                               

01                 (1)  may be provided to a person when, and only to the extent,                                          
02       necessary to avoid imminent danger to life or extensive damage to property;                                       
03 (2)  may be provided to a person to the extent required by applicable                                                   
04 court rules or under an order of a court of this state, another state, or the United States;                            
05 (3)  may be provided to a person if the information is commonly or                                                      
06 traditionally provided by criminal justice agencies in order to identify, locate, or                                    
07 apprehend fugitives or wanted persons or to recover stolen property, or for public                                      
08       reporting of recent arrests, charges, and other criminal justice activity;                                        
09                 (4)  may be provided to a criminal justice agency for a criminal justice                                
10       activity;                                                                                                         
11 (5)  may be provided to a government agency when necessary for                                                          
12       enforcement of or for a purpose specifically authorized by state or federal law;                                  
13 (6)  may be provided to a person specifically authorized by a state or                                                  
14       federal law to receive that information;                                                                          
15 (7)  in aggregate form may be released to a qualified person, as                                                        
16 determined by the agency, for criminal justice research, subject to written conditions                                  
17 that assure the security of the information and the privacy of individuals to whom the                                  
18       information relates;                                                                                              
19 (8)  may be provided to a person for any purpose, except that                                                           
20 information may not be released if the information is nonconviction information, [OR]                                 
21 correctional treatment information, or criminal history record information as                                         
22       described in (f) of this section;                                                                               
23 (9)  including information relating to a serious offense, may be                                                        
24 provided to an interested person if the information is requested for the purpose of                                     
25 determining whether to grant a person supervisory or disciplinary power over a minor                                    
26       or dependent adult; and                                                                                           
27 (10)  may be provided to the person who is the subject of the                                                           
28       information.                                                                                                      
29    * Sec. 3. AS 12.62.160 is amended by adding a new subsection to read:                                                
30 (f)  An agency may not release criminal history record information if the                                               
31       defendant                                                                                                         

01                 (1)  was convicted under AS 11.71.060, or a municipal ordinance with                                    
02       similar elements, for possession of less than one ounce of a schedule VIA controlled                              
03       substance;                                                                                                        
04                 (2)  was 21 years of age or older at the time of commission of the                                      
05       offense;                                                                                                          
06                 (3)  was not convicted of any other criminal charges in that case; and                                  
07                 (4)  requests that the agency not release the records.                                                  
08    * Sec. 4. AS 22.35 is amended by adding a new section to read:                                                       
09            Sec. 22.35.040. Records concerning criminal cases for marijuana                                              
10       possession. The Alaska Court System may not publish on a publicly available Internet                              
11       website the court records of a criminal case in which the defendant                                               
12                 (1)  was convicted under AS 11.71.060, or a municipal ordinance with                                    
13       similar elements, for possession of less than one ounce of a schedule VIA controlled                              
14       substance;                                                                                                        
15                 (2)  was 21 years of age or older at the time of commission of the                                      
16       offense; and                                                                                                      
17                 (3)  was not convicted of any other criminal charges in that case.                                      
18    * Sec. 5. This Act takes effect January 1, 2023.