Felonies, Misdemeanors, and Violations in Alaska

The criminal justice system in Alaska categorizes offenses as felonies, misdemeanors, and violations. There are a few exceptions to this classification, such as murder, kidnapping, and selected sex offenses. These exceptions are unclassified felonies and are considered the most serious offenses in Alaska. Alaska criminal law provides guidelines for classifying offenses, defining them, and determining sentencing. Beyond record classifications, Alaska statutes of limitations establish the deadlines for filing criminal charges in the state.

What is a Felony in Alaska?

In Alaska, felonies are typically offenses that cause serious injury, a risk of serious injury, or any other form of violence towards a person. They are punishable by prison terms of more than one year, fines, probation, community service, forfeiture, or participation in rehabilitation programs (AS 12.55.015). When an Alaska crime is tried, the court may combine any of the penalties as it deems necessary for each offense. Felonies are categorized into classes A, B, and C in Alaska, depending on the severity of the crime (AS 11.81.250).

• Unclassified felonies: These are considered the most serious offenses in Alaska, and they are assigned the most severe penalties. Examples of unclassified felonies are first-degree murder, the murder of an unborn child, first-degree conspiracy to commit murder, first-degree sexual assault, sex trafficking, and kidnapping. They are punishable by fines of up to $500,000. The prison terms for each offense are specified in AS 12.55.125. For example, persons convicted of first-degree murder may be sentenced to imprisonment for no less than 30 years and no more than 99 years. If the murder was of a police officer or any other law enforcement agent who was killed in action, convicted persons might be sentenced to 99 years in state prison.
• Class A felony: These are the most serious offenses in Alaska, next to unclassified felonies. Class A felonies are acts that cause serious bodily injury to another person or put them at risk of serious bodily injury. They are punishable by imprisonment in state prison for up to 20 years and fines of up to $250,000 (AS 12.55.125, 12.55.035). First-degree arson is a Class A felony in Alaska (AS 11.46.400).
• Class B felony: Felonies in this class are acts that cause less severe injuries to another person compared to felonies in Class A. They also include aggravated offenses against public order and property interests. Class B felonies are punishable by prison terms of up to 10 years in state prison, fines of up to $100,000, or both imprisonment and fines. (AS 12.55.125, 12.55.035). Scheming to defraud is a Class B felony in Alaska (AS 11.46.600).
• Class C felonies are considered more serious than misdemeanors but less severe than Class A or B felonies. They are punishable by imprisonment for up to five years, fines of $50,000, or both imprisonment and fines (AS 12.55.125, 12.55.035). Apart from unclassified felonies, offenses classified as felonies without specific penalties in their defining statutes may be considered Class C felonies. Receiving commercial bribes is a Class C felony in Alaska (AS 11.46.660).

What are some examples of felonies in Alaska?

Some examples of offenses classified as felonies in Alaska include:

• Criminal mischief
• Misconduct involving weapons
• Arson
• Criminal burning of forested land
• Forgery
• Criminal impersonation
• Perjury
• Criminal possession of a forgery device
• Misapplication of property
• Deceptive business practices
• Criminal use of a computer
• Unlawful use of DNA samples

Can I get a Felony Removed from a Court Record in Alaska?

Alaska’s criminal law does not provide for the expungement or removal of felony records. However, if a person is convicted of a felony based on a false accusation or a case of mistaken identity, they may request that records relating to the case be sealed. Each criminal justice agency in Alaska is expected to seal only the records that it is responsible for maintaining. Applicants are typically expected to complete a written request to seal criminal justice information and submit it to the head of the agency responsible for maintaining the relevant records. However, it should be provable beyond a reasonable doubt that the person was falsely accused or their identity was mistaken (AS 12.62.180). If a person’s felony records are sealed under these conditions, they may legally claim that they were never arrested, charged with, or convicted of the crime. Conditions under which sealed records can be disclosed typically include:

• For auditing or record management
• For review by the subject of the record
• For research and statistical purposes
• For criminal justice employment
• For use in preventing harm to another person
• For other uses authorized by court order or state statutes

Felony charges that were dismissed or convictions that have been set aside may remain on the person’s criminal history. However, when a conviction is set aside, the record is considered past conviction information (AS 12.62.900). It contains information such as any sentencing, probation, or parole terms and confirmation of the reversal, vacation, or pardon of the conviction.

Apart from imprisonment, fines, forfeiture, and any other penalties imposed by the state statutes and the court, felony convictions have different consequences. These may include a loss of rights such as:

• The right to vote and to serve on a jury: Persons convicted of felonies lose their voting rights upon conviction (AS 09.20.020, 33.30.241). However, the Division of Elections (for voting) and the court system (for jury service) restore these rights upon unconditional discharge. As provided by AS 12.55.185, unconditional discharge means that the convicted person has been released from the disabilities arising from their conviction, including parole and probation.
• The right to hold public office: persons who are not eligible to vote may not declare candidacy to hold public office (AS 15.25.030). Convicted felons may also not serve on boards of education. As stipulated by AS 14.08.045, a person’s seat on a school board should be declared vacant on conviction of a felony.
• The right to own, buy, or bear arms: Persons convicted of felonies may not buy, carry, or own firearms for up to 10 years following their unconditional discharge (AS 11.61.200). They may also not reside in a building where concealed firearms are present, unless they have written authorization from the court or law enforcement agencies.

Individuals with felony records may also be ineligible for college admissions, affordable housing, and certain federal loans and grants. Some civil rights are restored once a convicted person is unconditionally discharged or if their conviction is set aside. Also, when the governor pardons a convicted person, their civil rights are restored. Disabilities arising from the sentence are also removed.

Is expungement the same as sealing court records in Alaska?

There are no provisions for the expungement of court records in Alaska’s state statutes. However, under certain circumstances, court records may be sealed. When a court record is sealed in Alaska, it is retained on the criminal justice information system of the agency responsible for maintaining such records. Access to the records is restricted to authorized persons (AS 12.62.900) and is used only as permitted by court order or state statutes.

How Long Does a Felony Stay on Your Record in Alaska?

In Alaska, accurate felony convictions cannot be expunged or sealed and, therefore, may stay indefinitely on a person’s criminal history record. However, as provided by AS 12.62.190, criminal justice agencies may purge records they are responsible for maintaining if they are deemed useless. This could be due to:

• The age of the record
• Death of the record’s subject
• The nature of the offense
• Volume or other record management considerations

When a record is purged, it is permanently deleted or destroyed, making it inaccessible. Each agency determines which records are purged and when.

What is a Misdemeanor in Alaska?

Misdemeanors are criminal offenses that are less serious than felonies. They typically involve less violence against or risk of injury to a person, less serious crimes against public administration, and property. They are punishable by no more than one year in county jail and fines of up to $25,000 (AS 12.55.135, 12.55.035). In Alaska, misdemeanors are grouped into Classes A and B.

• Class A misdemeanor: Compared to felonies, these offenses usually involve less severe violence or risk of violence to a person. They are also related to less serious crimes against decency and public health, as well as less serious offenses against public order or property interests. They are punishable by prison terms of no more than one year in county jail (AS 12.55.135) and fines of up to $25,000 (AS 12.55.035). Offenses classified as misdemeanors without specified penalties are considered Class A misdemeanors. Unlawful marrying is a Class A misdemeanor in Alaska (AS 11.51.140).
• Class B misdemeanor: These are criminal offenses involving considerably minor risk of violence or bodily injury to a person, minor crimes against public health, and minor offenses against public order or property interests. Except otherwise provided by statutes, Class B misdemeanors are punishable by prison terms of no more than 90 days (AS 12.55.135), fines of up to $2000, or both imprisonment and fines. Second-degree harassment is a Class B misdemeanor. (AS 11.61.120).

What are some examples of Misdemeanors in Alaska?

Some examples of misdemeanors in Alaska include:

Class A Misdemeanor:

• Knowingly building or leaving fires
• Knowingly setting fires without consent
• Criminal nonsupport
• Obtaining a signature by deception
• Criminal mischief in the fourth degree
• Misrepresentation of use of a propelled vehicle
• Contributing to the delinquency of a minor
• Simulating legal process
• False accusation
• Official misconduct

Class B Misdemeanor:

• Criminal mischief in the fifth degree
• Violation of the custodian’s duty
• Impersonating a public servant in the second degree
• Criminal trespass in the second degree
• Issuing a bad check of less than $250
• Theft in the fourth degree
• Prostitution

Can I Get a Misdemeanor Removed from a Record in Alaska?

Alaska state statutes do not typically provide for the expungement or removal of records. However, if it may be proven beyond a reasonable doubt that a person was convicted based on a false accusation or mistaken identity, records of such misdemeanors may be sealed (AS 12.62.180). Such persons may submit a request to seal criminal justice information to the head of the criminal justice agency that maintains records of the offense. If the records are sealed, they typically become non-public records, accessible only to the subjects of the records or other authorized persons.

Can a DUI Be Expunged in Alaska?

In Alaska, DUI records may not be expunged. Sentence imposition may also not be suspended for DUI offenders (AS 28.35.030). Persons convicted of DUIs are not eligible for probation unless they serve the minimum terms of imprisonment required and pay the minimum necessary fines. They may also have their licenses revoked or suspended, or forfeit the vehicle used in the commission of the crime.

What constitutes a Violation in Alaska?

In Alaska, violations are not considered criminal offenses. They are the least serious offenses and are not punishable by imprisonment. Except where otherwise provided by state statutes, violations are punishable by fines of up to $500 (AS 12.55.035). Violations may also be punished by probation, forfeiture, or any other penalty, excluding imprisonment.

What are some examples of Violations in Alaska?

Examples of violations in Alaska include:

• Gambling
• Disregard of a highway obstruction
• Obstruction of highways
• Unlawful possession of an official traffic control device
• Failure to permit visitation with a minor
• Littering
• Hindering the legislative budget
• Sale of prohibited beverage containers
• Failure to report a violent crime committed against an adult
• Refusal to assist a peace officer or judicial officer

Can Violations be Expunged from an Alaska Criminal Court Record?

Violations are not considered criminal offenses in Alaska. However, the Department of Motor Vehicles (DMV) may maintain records of minor traffic violations. Accumulated offenses may result in a suspension or loss of driving privileges and/or licenses.

What is Deferred Adjudication in Alaska?

In Alaska, a suspended imposition of sentence (SIS) is equivalent to what other states refer to as deferred adjudication. A suspended imposition of sentence is a process whereby a court decides on a sentence but delays enforcing it, instead choosing to place the defendant on probation. If the defendant meets all specified conditions, the court typically sets aside their conviction upon completion of probation. However, setting aside a sentence does not imply that the conviction no longer exists; it means that the defendant is no longer deemed to have been convicted of the crime.

In Alaska, an SIS may be:

• Part of a plea bargain
• Ordered by the judge at open sentencing after a trial
• Ordered after a plea of guilty/no contest.

A suspended imposition sentence may comprise misdemeanor and felony offenses. However, crimes that do not qualify include:

• Murder
• Driving under the influence (DUI)
• Kidnapping
• Human trafficking
• Arson
• Child pornography
• Firearm usage while committing a crime
• Most physical and sexual assault

Additionally, an SIS is designed as a special opportunity for first-time offenders, not repeat offenders.

Individuals who violate any of their probation terms, including committing a new crime, risk having their probation ended and a sentence imposed by a judge. The imposed sentence may be up to the maximum penalty for the offense. If the sentence includes imprisonment, the defendant is entitled to credit for jail time previously served as a condition of probation in this case.

Types of Crimes Eligible for Deferred Adjudication in Alaska

The term "deferred adjudication" is not recognized as a legal term in Alaska, unlike in most states. Instead, Alaska utilizes the Suspended Imposition of Sentence (SIS) program, as outlined in AS 12.55.085. An SIS represents a unique opportunity for rehabilitating first-time, non-violent offenders. An SIS allows a judge to withhold entering a judgment after a guilty plea or conviction. If the defendant successfully completes probation and fulfills all court-ordered conditions, the case may be set aside, and the person may legally claim that the conviction never occurred.