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AK HB203

Bill

Status

Introduced

3/23/2009

Primary Sponsor

Carl Gatto

Click for details

Origin

House of Representatives

26th Legislature

AI Summary

  • Amends AS 12.55.085(e) to allow courts to set aside the "judgment" (rather than "conviction") when discharging a person without imposing a sentence, with destruction of all related records by the Department of Public Safety and clerk of court.

  • Modifies AS 12.62.180 to allow persons to request sealing of past conviction information or expungement of nonconviction and current offender information when the information resulted from mistaken identity or false accusation, with the agency head's decision being final administratively.

  • Permits appeal of adverse sealing or expungement decisions to court, with the appellant bearing the burden of showing the agency decision was clearly mistaken; prohibits collateral attacks on court judgments or other final administrative remedies.

  • Allows persons with sealed or expunged records to deny the existence of arrests, charges, convictions, or sentences; requires expunged information be destroyed and limits sealed information disclosure to record management, criminal justice employment, subject review, research, harm prevention, or authorized statutory/court uses.

  • Makes the record destruction provision applicable only to judgments, suspensions of imposition of sentence, and set asides occurring after the Act's effective date.

Legislative Description

Expungement Of Certain Criminal Records

Courts

Last Action

COSPONSOR(S): GARA

4/6/2009

Committee Referrals

Judiciary3/23/2009

Full Bill Text

No bill text available