HB 203: "An Act relating to expungement and sealing of certain criminal records and criminal history information."

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.