Alaska Class B Misdemeanors

Alaska Statutes categorize crimes into three major groups based on their seriousness: felonies, misdemeanors, and infractions. Under state laws, felonies are defined as criminal acts that may attract an incarceration period of at least one year in a state prison, while misdemeanors comprise crimes punishable by a jail term of one year or less.

In Alaska, misdemeanors are further subdivided into two classes (A and B) under Section 11.81.250(a)(5) of the Alaska Statutes, with Class B misdemeanors being less serious. In any case, when an offense enters the criminal justice system, agencies create and maintain case information that is generally public. Case files of Class B misdemeanors, for instance, are usually publicly available for inspection at a court clerk's office or online repository.

Common Examples of Class B Misdemeanors in Alaska

Alaska Statutes outlines certain crimes that may be classified as Class B misdemeanors. However, it is essential to note that crime classifications may vary by jurisdiction, and not all crimes listed in this section may carry the same charges and penalties as those prescribed for Class B misdemeanors. Interested persons may query an attorney or court clerk to obtain specific information about a crime of interest.

A few examples of crimes that are generally categorized as Class B misdemeanors in Alaska are listed below:

• Disorderly conduct: making unreasonable loud noise or playing music loudly with the intent to disturb a person's peace, fighting, or refusing a lawful dispersal order (§11.61.110)
• Prostitution: offering to or engaging in sexual conduct in exchange for a fee (§11.66.100)
• Theft in the fourth degree: unlawfully taking or stealing property worth $250 or less (§11.46.150)
• Fifth-degree criminal mischief: recklessly tampering with property valued at less than $250 with the intention of causing loss or inconvenience to the owner (§11.46.486)
• Second degree criminal trespassing: unlawfully entering or remaining in a premises or propelled vehicle (§11.46.330)
• Indecent exposure in the second degree: exposing one's genitals to a person 16 years or older without regard for the effect it may have on them (§ 11.41.460)
• Misconduct involving weapons in the fifth degree: possessing or transporting a switchblade/gravity knife or carrying a handgun without a license after a felony conviction (§11.61.220)
• Second-degree harassment: insulting, taunting, challenging, or continuously phoning a person at inconvenient times with intent to harass or annoy them (§11.61.120)
• Violation of the custodian’s duty: a court-appointed custodian refusing to immediately report that the offender released for a misdemeanor charge has violated a release condition (§11.56.758)
• Impersonating a public servant in the second degree: pretending to be a public servant and acting in that capacity or altering a propelled vehicle to resemble one owned by a government agency (§11.56.830)
• Issuing a bad check of less than $250 (§11.46.280)

Statute of Limitations for Class B Misdemeanors in Alaska

The statute of limitations for misdemeanors in Alaska is typically five years from the incident date (§ 12.10.010(b)(2)). A prosecutor filing charges for Class B misdemeanors must do so before the time runs out. The clock for the statute of limitations typically begins to count from the date the crime was committed. In cases where charges are not filed within the stipulated statute of limitations, a deciding court may dismiss the case in court.

Alaska Statutes allow certain exceptions to the specified statute of limitations for Class B misdemeanors. For instance, in a case where the defendant is out of state in a bid to evade prosecution, the time may be extended up to three years (§12.10.040(a)). Also if the defendant has a pending prosecution for similar charges, the court may pause the statute of limitations(§12.10.040(b))

Legal Penalties for Class B Misdemeanors in Alaska

In Alaska, Class B misdemeanors will typically attract legal consequences and penalties that vary depending on the gravity of the offense and the discretion of the court handling the case.

Per Alaska Statutes §§ 12.55.035 and 12.55.135, the possible punishment for a misdemeanor in Class B is jail time not more than 90 days and a fine up to $2,000. Other common penalties attached to Class B misdemeanors may include house arrest, probation, community service, deferred entry of judgment, restitution, or treatment in a rehabilitation center.

Although these penalties are not as severe as for felonies, a conviction for a Class B misdemeanor in Alaska may have long-term impacts on various areas of a defendant's life. For instance, a misdemeanor record will typically appear on a person's criminal history and may deny one of good employment or financial aid opportunities. Rental, loan, and educational applications may also be denied due to a criminal record.

Court Process for Class B Misdemeanors in Alaska

Generally, the court process for Class B misdemeanors in Alaska may follow the outlined steps below:

• Arrest or issuance of citation: A police officer may bring a person into custody if a warrant is issued for their arrest or they are caught in the act. In other cases, a citation (e.g., traffic ticket) or summons requesting the defendant to appear in court may be issued by a court or police officer. If an arrest is made, the defendant may be booked, detained, or released on bail pending arraignment.
• Initial appearance: Following an arrest, the defendant is expected to make a first appearance (also called an arraignment) before a judge to hear the charges filed against them and subsequently enter a plea. A plea is simply a formal statement made by a defendant or their legal representation in response to filed charges. One’s plea may either be “ guilty" or “not guilty”.
• Trial and Sentencing: Once a plea is entered, the judge sentences the defendant immediately (if they pled guilty) or sets a date for trial (if they pled not guilty). During a trial, the evidence provided by the defendant's lawyer is reviewed by the judge or jury. Here, the court decides if one is guilty or innocent of the filed charges. If adjudged guilty, the judge decides the sentence( the punishment for the crime) based on the limits set by the state laws and the peculiarity of the case.

Note that the court process explained above is not static and matter-of-fact. The procedures may vary across local courthouses. Verify court processes from the clerk of a relevant court or an attorney practising in Alaska.

How Class B Misdemeanors Affect Your Criminal Record in Alaska

Records of convictions for class B misdemeanors may typically appear in one's criminal history record. These records are usually publicly available and may be reviewed during background checks or interviews for employment. A conviction for Class B misdemeanors may impact negatively on a person's social status and civil rights. For instance, a person's right to firearm or driving privileges may be revoked due to a misdemeanor conviction.

Rental agencies or loan facilities may also deny a record holder access to beneficial opportunities. In addition, financial aid for educational applications may also not be available for persons with a misdemeanor record. Furthermore, it might be difficult to obtain or renew professional licenses or certifications with a misdemeanor record.

At any rate, the effects and impacts of a misdemeanor record may vary based on the record-keeping practice of the custodian and other state laws. In Alaska, records of misdemeanors may be sealed, making them unavailable for public inspection. However, not all cases may qualify for sealing, and the processes involved may be complex, time-consuming, and expensive.

Differences Between Class B Misdemeanors and Other Offenses in Alaska

• Seriousness: Alaska Statutes differentiates misdemeanors, felonies, and violations based on the severity of the offense. Generally, felonies are more grave than misdemeanors and violations. Class B misdemeanors are considered more serious than violations but not as severe as those categorized under Class A.
• Possible punishments: state laws prescribe certain penalties and sentence limits for crimes depending on their classification and seriousness. Class B misdemeanors may generally attract a fine not exceeding $2,000 and a jail term of 90 days or less. For Class A misdemeanors, the possible punishments may include a prison sentence of up to one year and a fine not more than $10,000. Felonies may typically attract jail time ranging between two and ninety-nine years or fines up to $500,000, depending on their severity. Violations, being the least severe of all criminal acts, are generally punishable by fines and other alternative sentences such as community service or traffic school.

How to Check for Class B Misdemeanors in Alaska Court Records

Alaska District Courts typically handle cases of Class B misdemeanors and maintain records of court proceedings. However, the Superior Courts may also hear cases of Class B misdemeanors depending on the court location and specific charges.

To check for records of Class B misdemeanors, first determine the District or Superior Court in charge of the case. In-person visits, online searches, or mail requests are some of the options generally available for public access to misdemeanor records.

• Visit the clerk's office: concerned persons may walk into the clerk's office in a relevant court within official hours to search for court records. Requesting copies may attract fees
• Utilize public access terminals: most courthouses provide kiosks or terminals for free public access to court records
• Search the Alaska Court System's public access portal (CourtView): case parties and the public may search for case files by name, case number, or citation number.

The procedures and processes for obtaining case records may vary depending on the record custodian and jurisdiction. Consult the relevant court and other authorized officials for specific information on the desired records.

Can a Class B Misdemeanor Be Expunged or Sealed in Alaska?

It depends. Alaska Statutes do not have provisions for the sealing or expungement of conviction records for Class B misdemeanors. However, if the charges were dismissed or the defendant was acquitted, they may qualify for records sealing under Alaska Statutes § 22.35.030. Persons who were convicted of Class B misdemeanors due to false accusations or a mistaken identity may also be eligible to have their records sealed (AS § 12.62.180).

Sealed records are typically redacted and exempt from public records but may be accessible to authorized parties and criminal justice agencies. Sealing a record may help one regain lost privileges and benefits. A sealed record may improve a person's employment opportunities, or qualify them for certain educational programs.