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Clearance policy overview Records relating to cases in which a juvenile was tried as an adult or the juvenile record was made public can be sealed by the court five years after disposition or sentence completion. Alaska Stat. § 47.12.300(f). Court records of convictions for possession of less than one ounce of a schedule VIA controlled substance will not be published on a publicly available website. Alaska Stat. § 22.35.040. A record relating to a juvenile adjudication shall be sealed automatically. Alaska Stat. § 47.12.300(d). A record relating to charges that were made public because the person received a dual sentence can be sealed, so long as the court finds that its order has had the intended rehabilitative effect and further finds that the person has fulfilled all orders entered under section 47.12.120. Alaska Stat. § 47.12.300(f). Records relating to a case dismissed following successful completion of probation pursuant to a suspended entry of judgment cannot be published on a publicly available website 60 days after the date of dismissal. Alaska Stat. §§ 12.55.078, 22.35.030. Records relating to an arrest or conviction that, beyond a reasonable doubt, resulted from mistaken identity or false accusation can be sealed by the criminal justice agency responsible for maintaining the record. Alaska Stat. § 12.62.180. Records relating to a charge that results in acquittal or dismissal cannot be published on a publicly available website 60 days after the date of acquittal or dismissal. Alaska Stat. § 22.35.030. Non-conviction information or correctional treatment information may generally not be disclosed to the public. Alaska Stat. § 12.62.160(b). Records relating to certain juvenile adjudications can be sealed once a motion is filed with the juvenile court, provided that the petitioner meets certain requirements. Code of Ala. § 12-15-136. Records relating to a juvenile delinquency case can be destroyed provided that the petitioner meets certain requirements. Code of Ala. § 12-15-137. Records relating to an offense that resulted from being a victim of human trafficking can be expunged by the court at any time. Code of Ala. §§ 15-27-1(a)(8), 15-27-2(a)(8)(b). Records relating to a conviction for a misdemeanor offense, a violation, a traffic violation, or a municipal ordinance violation may be expunged by the court three years from the date of conviction, if certain requirements are met. Code of Ala. § 15-27-1(b).
Ineligible Category or Citation Traffic offenses and charges under section 47.12.030(a) are ineligible for sealing under this section. Alaska Stat. § 47.12.300(f). Only convictions under 11.71.060 or equivalent municipal ordinances are eligible under this section. If the record holder was convicted of any other criminal charges in the case, they are disqualified from relief under this entry. Alaska Stat. § 22.35.040(a)(1),(3). Traffic offenses are not eligible to be sealed. Alaska Stat. § 47.12.300(d). Traffic offenses are not eligible for sealing. Alaska Stat. § 47.12.300(d). Serious offenses, as outlined in section 47.12.030(a), are not eligible for sealing. Alaska Stat. § 47.12.300(f)(2). See subsection (f) for offenses that are ineligible for suspended entry of judgment. Alaska Stat. § 12.55.078. There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. No statutory language The petitioner cannot have been convicted, adjudicated delinquent, or adjudicated a youthful offender of any felony or a misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, prior to the filing of the motion. Additionally, no proceeding seeking the conviction or adjudication can be pending. Code of Ala. § 12-15-136(a)(2). The petitioner cannot have been convicted, adjudicated delinquent, or adjudicated a youthful offender of any felony or any misdemeanor involving sexual offenses, drugs, weapons, or violence or threats of violence, prior to the filing of the motion and no proceeding can be pending seeking the conviction or adjudication. Code of Ala. § 12-15-136(a)(2). There is no statutory language regarding ineligible offenses. Violent offenses as provided in Code of Ala. § 12-25-32, offenses involving moral turpitude, as provided in Code of Ala. § 17-3-30.1, sex offenses, as provided in Code of Ala. § 15-20A-5, and serious traffic offenses, as provided in § 32-5A, are excluded. Code of Ala. § 15-27-1(b).
Clearance Process Petition-based Automatic Automatic Petition-based Automatic Petition-based Automatic Automatic Petition-based Petition-based Petition-based Petition-based
Waiting Periods The petition can be filed five years after disposition or sentence completion. There is no waiting period. The record should be sealed within 30 days of the minor's 18th birthday or, if the court retains jurisdiction of the minor past his or her 18th birthday, within 30 days of the date on which the court releases jurisdiction over him or her. Alaska Stat. § 47.12.300(d). The petition can be filed five years after the dual sentence was entered. The records cannot be published after 60 days have elapsed since dismissal. The written request can be submitted at any time. The records cannot be published after 60 days have elapsed since acquittal or dismissal. There is no statutory language regarding a waiting period. The petition can be filed two years after the final discharge of the person from legal custody or supervision, or two years after the entry of any other order of the juvenile court not involving custody or supervision. Ala. Code § 12-15-136(a)(1). The petition can be filed five years after the juvenile reaches the age of majority. Code of Ala. § 12-15-137. There is no waiting period. There is a 3-year waiting period.
Fees There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. A $500 non-waivable administrative filing fee is required in addition to any court or docket fees. Code of Ala. § 15-27-4. A petitioner may apply for indigent status. If the court finds the petitioner is indigent, the court shall waive the filing fee. For more information about this procedure, see Code of Ala. § 15-27-4(c). A $500 waivable administrative filing fee is required in addition to any court or docket fees. A petitioner may apply for indigent status. If the court finds the petitioner is indigent, the court shall waive the filing fee. For more information about this procedure, see Code of Ala. § 15-27-4(c).
Effect The sealed record can only be used if the court orders its use for good cause shown or for use in making a presentencing report. Alaska Stat. § 47.12.300(f). The record is not published on the Alaska Court System's publicly available website. The automatic order seals all the court's official records pertaining to the petitioner's juvenile court case, as well as records of all driver's license proceedings under section 28.15.185, criminal proceedings against the minor, and punishments assessed against the minor. Alaska Stat. § 47.12.300(d). The sealed records can only be used if the court orders their use for good cause shown or for use by an officer of the court when he or she is making a presentencing report for the court. Alaska Stat. § 47.12.300(d). If a request to seal is granted, the superior court shall order the record of proceedings and the record of punishments sealed and restore the person's civil rights that were removed because of the conviction. Alaska Stat. § 47.12.300(f). The sealed records can only be used if the court orders their use for good cause shown or for use by an officer of the court when he or she is making a pre-sentencing report for the court. Alaska Stat. § 47.12.300(f). The record is not published on the Alaska Court System's publicly available website. Once the record is sealed, the petitioner can deny the existence of the record. The sealed record can only be provided for certain reasons. Alaska Stat. § 12.62.180(d). The record is not published on the Alaska Court System's publicly available website. The record will generally not be disclosed to the public. If a request to seal a record is granted, the proceedings in the case are sealed. The juvenile court can order the release of information in the record of an individual case to any clinic, hospital, or agency that has the person under its care. Code of Ala. § 12-15-136(d). The sealing order is nullified by any subsequent adjudication of delinquency, youthful offender adjudication, or conviction of a felony or misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence. Code of Ala. § 12-15-136(e). If a request to destroy a record is granted, all references including references to the arrest, complaints, referrals, petitions, reports, and orders shall be removed from the files of all departments, agencies, officials, and institutions and destroyed. Code of Ala. § 12-15-137(b). The court orders expungement of records from agencies. Code of Ala. § 15-27-6(a). The proceedings regarding the charges are deemed never to have occurred. The court and other agencies will reply that no record exists in response to any inquiry. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. However, the petitioner must disclose the record to any government regulatory or licensing agency, any utility and its agents or affiliates, or any bank or other financial institution. These agencies have the right to inspect the expunged record after filing notice with the court. Code of Ala. § 15-27-6(b). Expunged records are not transmitted to the FBI and the state criminal justice information center requests withdrawal of records previously transmitted to the FBI and later expunged. Code of Ala. § 15-27-7. Unauthorized, intentional and malicious release of expunged records is a Class B misdemeanor. Code of Ala. § 15-27-16. The court orders the expungement of records from agencies. Ala. Code § 15-27-6(a). The proceedings regarding the charges are deemed never to have occurred. The court and other agencies will reply that no record exists in response to any inquiry. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. However, the petitioner must disclose the record to any government regulatory or licensing agency, any utility and its agents or affiliates, or any bank or other financial institution. These agencies have the right to inspect the expunged record after filing notice with the court. Ala. Code § 15-27-6(b). Expunged records are not transmitted to the FBI, and the state criminal justice information center requests the withdrawal of records previously transmitted to the FBI that were later expunged. Ala. Code § 15-27-7. Unauthorized, intentional, and malicious release of expunged records is a Class B misdemeanor. Ala. Code § 15-27-16.
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