00                            HOUSE BILL NO. 203                                                                          
01 "An Act relating to expungement and sealing of certain criminal records and criminal                                    
02 history information."                                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 12.55.085(e) is amended to read:                                                                   
05            (e)  Upon the discharge by the court without imposition of sentence, the court                               
06       may set aside the judgment [CONVICTION] and issue to the person a certificate to                              
07       that effect. The person may provide the certificate to the Department of Public                               
08       Safety and to the clerk of court. The department and the clerk of court shall                                 
09       destroy all records relating to the judgment, the suspended imposition of                                     
10       sentence, and the set aside, including records maintained under AS 12.62.                                     
11    * Sec. 2. AS 12.62.180 is amended to read:                                                                         
12            Sec. 12.62.180. Sealing and expungement of criminal justice information.                                 
13       (a) Under this section, a criminal justice agency may seal or expunge only the                                
14       information that the agency is responsible for maintaining.                                                       

01            (b)  A person may submit a written request to the head of the agency                                         
02       responsible for maintaining (1) past conviction information [OR CURRENT                                   
03       OFFENDER INFORMATION], asking the agency to seal such information about the                                       
04       person, or (2) nonconviction or current offender information, asking the agency                               
05       to expunge such information about the person, when [THAT], beyond a reasonable                                
06       doubt, the information resulted from mistaken identity or false accusation. The                               
07       decision of the head of the agency is the final administrative decision on the request.                           
08            (c)  The person requesting that the information be sealed or expunged may                                
09       appeal an adverse decision of the agency to the court under applicable rules of                                   
10       procedure for appealing the decision of an administrative agency. The appellant bears                             
11       the burden on appeal of showing that the agency decision was clearly mistaken. An                                 
12       appeal filed under this subsection may not collaterally attack a court judgment or a                              
13       decision by prison, probation, or parole authorities, or any other action that is or could                        
14       have been subject to appeal, post-conviction relief, or other administrative remedy.                              
15            (d)  A person about whom information is sealed or expunged under this                                    
16       section may deny the existence of the information and of an arrest, charge, conviction,                           
17       or sentence shown in the information. Information that is expunged under this                                 
18       section shall be removed from the agency records and destroyed. Information that                              
19       is sealed under this section may be provided to another person or agency only                                     
20                 (1)  for record management purposes, including auditing;                                                
21                 (2)  for criminal justice employment purposes;                                                          
22                 (3)  for review by the subject of the record;                                                           
23                 (4)  for research and statistical purposes;                                                             
24                 (5)  when necessary to prevent imminent harm to a person; or                                            
25                 (6)  for a use authorized by statute or court order.                                                    
26    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
27 read:                                                                                                                   
28       APPLICABILITY. The change to AS 12.55.085(e) made by sec. 1 of this Act                                           
29 allowing the destruction of certain records only applies when a judgment, suspension of                                 
30 imposition of sentence, and set aside under AS 12.55.085 have all occurred after the effective                          
31 date of this Act.