SB 102: "An Act relating to the use of the court records of minors that have been ordered sealed."
00SENATE BILL NO. 102 01 "An Act relating to the use of the court records of minors that have been 02 ordered sealed." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.060(e) is amended to read: 05 (e) A person who has been tried as an adult under this section, or the 06 department on the person's behalf, may petition the superior court to seal the records 07 of all criminal proceedings, except traffic offenses, initiated against the person, and all 08 punishments assessed against the person, while the person was a minor. A petition 09 under this subsection may not be filed until five years after the completion of the 10 sentence imposed for the offense for which the person was tried as an adult. If the 11 superior court finds that the punishment assessed against the person has had its 12 intended rehabilitative effect and further finds that the person has fulfilled all orders 13 of the court entered under AS 47.10.080(b), the superior court shall order the record 14 of proceedings and the record of punishments sealed. Sealing the records restores civil
01 rights removed because of a conviction. A person may not use these sealed records for 02 any purpose. However, 03 (1) any court in this state may have access to the sealed records 04 under AS 47.10.094; 05 (2) [EXCEPT THAT] the court may order the [THEIR] use of the 06 sealed records for other good cause shown or may order their use by an officer of the 07 court in making a presentencing report for the court; and 08 (3) the [. THE] court may not, under this subsection, seal records of 09 a criminal proceeding 10 (A) [(1)] initiated against a person if the court finds that the 11 person has not complied with a court order made under AS 47.10.080(b); or 12 (B) [(2)] commenced under AS 47.10.010(e) unless the minor 13 has been acquitted of all offenses with which the minor was charged or unless 14 the most serious offense of which the minor was convicted was not an offense 15 specified in AS 47.10.010(e)(1) or (2). 16 * Sec. 2. AS 47.10.090(c) is amended to read: 17 (c) Within 30 days of the date of a minor's 18th birthday or, if the court 18 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the 19 date on which the court releases jurisdiction over the minor, the court shall order all 20 the court's official records pertaining to that minor sealed, as well as records of all 21 driver's license proceedings under AS 28.15.185, criminal proceedings against the 22 minor, and punishments assessed against the minor. A person may not use these sealed 23 records for any purpose. However, 24 (1) any court in this state may have access to the sealed records 25 under AS 47.10.094; 26 (2) [EXCEPT THAT] the court may order the [THEIR] use of the 27 sealed records for other good cause shown or may order their use by an officer of the 28 court in making a presentencing report for the court; and 29 (3) the [. THE] provisions of this subsection relating to the sealing of 30 records do not apply to records of traffic offenses. 31 * Sec. 3. AS 47.10 is amended by adding a new section to read:
01 Sec. 47.10.094. AVAILABILITY OF SEALED RECORDS. (a) The 02 provisions of this section apply to the court records of a person that, under 03 AS 47.10.060(e) or 47.10.090(c), have been previously ordered sealed if the person is 04 charged with committing a criminal offense. A court in this state may have access to 05 the sealed records and use the sealed records to determine 06 (1) whether, under AS 12.30.020, the person charged with commission 07 of the offense may be released before trial and the conditions of that release; 08 (2) the appropriate sentence to be imposed under AS 12.55 on the 09 person following the person's conviction. 10 (b) In addition to access to a previously sealed record under (a) of this section, 11 when a person described in (a) of this section has been charged with the commission 12 of an offense, the prosecutor or the person's attorney may apply to the court before 13 which the offense shall be prosecuted for an order directing that the records of the 14 person previously ordered sealed be made available to the court, the prosecution, and 15 the person's attorney for use by the parties in the criminal prosecution. The court may 16 not unreasonably refuse to enter an order based on an application made under this 17 subsection. 18 (c) The disclosure of previously sealed records under this section does not set 19 aside the civil rights of the person previously restored under AS 47.10.060(e).