Expungement Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Alaska requires the use of the official Request to Seal Criminal Justice Information form
(available from the Alaska Department of Public Safety) for record-sealing petitions under
AS 12.62.180. This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official form
is available at https://dps.alaska.gov. Additional court forms may be found at
https://courts.alaska.gov/forms/index.htm.
Do not file this document directly with the court.

PETITION FOR ORDER SEALING CRIMINAL JUSTICE INFORMATION

(Alaska – Superior Court)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Jurisdiction and Venue
   3.2 Statutory Basis for Relief
   3.3 Eligibility Certification
   3.4 Satisfaction of Waiting Period
   3.5 Relief Requested
   3.6 Access to Sealed Records

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies (Reserved)
7. Risk Allocation (Not Applicable)
8. Dispute Resolution (Court Retains Jurisdiction)
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[PLACEHOLDER: ☐ THIRD / ☐ FOURTH / ☐ OTHER] JUDICIAL DISTRICT
AT [CITY], ALASKA

Case No.: [___]

PETITION FOR ORDER SEALING CRIMINAL JUSTICE INFORMATION
(“PETITION”)

2. DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.

“Criminal Justice Information” (“CJI”) – Arrest, charge, conviction, or non-conviction data and all associated records within the meaning of Alaska Stat. § 12.62.900(9).

“Petitioner” – The individual identified in the Caption seeking sealing of CJI.

“Respondent Agencies” – DPS‐CRIB and each additional law-enforcement, prosecutorial, or court agency possessing CJI relating to Petitioner as identified herein.

“Sealed Record” – All CJI ordered by the Court to be removed from public dissemination and maintained only as confidential, non-public data accessible solely under statutory exceptions.

3. OPERATIVE PROVISIONS

3.1 Jurisdiction and Venue

a. This Court has subject-matter jurisdiction pursuant to Alaska Stat. § 22.10.020.
b. Venue is proper in this Judicial District under Alaska R. Civ. P. 3 because the criminal matter at issue originated and/or Petitioner resides within this District.

3.2 Statutory Basis for Relief

Petitioner seeks relief under Alaska Stat. § 12.62.180, which authorizes sealing of CJI where retention or dissemination is no longer necessary for law-enforcement purposes and nondisclosure best serves the interests of justice.

3.3 Eligibility Certification

Petitioner certifies that each of the following eligibility criteria is satisfied (check all that apply):

☐ a. Underlying criminal charge(s) were dismissed with prejudice on [DATE].
☐ b. Petitioner was acquitted of all charges on [DATE].
☐ c. Conviction was vacated/reversed on appeal on [DATE] and no retrial is pending.
☐ d. Arrest was the result of identity theft/mistaken identity; correct offender identified on [DATE].
☐ e. Offense qualifies for sealing under recent amendments concerning possession of ≤ 1 oz. marijuana (AS 17.38).
☐ f. No criminal charges are currently pending against Petitioner in any jurisdiction.

3.4 Satisfaction of Waiting Period

Pursuant to Alaska Stat. § 12.62.180(d), at least [NUMBER] years/months have elapsed since the latest of (i) dismissal or acquittal date, (ii) vacation of conviction, or (iii) conclusion of all appellate proceedings.

[PLACEHOLDER: Insert calculation—e.g., “Three (3) years have elapsed since the case dismissal on 05/14/20__.”]

3.5 Relief Requested

Petitioner respectfully requests that the Court enter an Order:

1. Directing Respondent Agencies to seal, remove, and segregate from public access all CJI relating to the incident identified as:
   • Case No.: [___]
   • Arrest Date: [MM/DD/YYYY]
   • Charge(s): [OFFENSE(S) AS LISTED IN COMPLAINT/INDICTMENT]

2. Requiring Respondent Agencies to certify in writing within thirty (30) days of service of the Order that sealing has been completed in compliance with Alaska Stat. § 12.62.180.

3. Providing that any dissemination of the Sealed Record is prohibited except as expressly allowed under Alaska Stat. § 12.62.180(f).
4. Granting such further relief as equity and justice may require.

3.6 Access to Sealed Records

Access to the Sealed Record shall be limited to:
a. The Court issuing the sealing Order;
b. Petitioner or Petitioner’s counsel upon verified request;
c. Criminal justice agencies for the limited purposes enumerated in Alaska Stat. § 12.62.180(f); and
d. Any other entity only upon further order of this Court for good cause shown.

4. REPRESENTATIONS & WARRANTIES

1. Accuracy. Petitioner represents that all statements herein are true, correct, and complete to the best of Petitioner’s knowledge, information, and belief formed after reasonable inquiry.
2. No Disqualification. Petitioner warrants that no statutory or regulatory bar to sealing applies, including any offense categories expressly excluded under Alaska Stat. § 12.62.180.
3. No Pending Matters. Petitioner represents that no criminal investigation or prosecution is presently pending against Petitioner in any jurisdiction.
4. Survival. The foregoing representations survive the Court’s entry of an Order and remain binding upon Petitioner for purposes of any motion to set aside or modify the Order.

5. COVENANTS & RESTRICTIONS

1. Cooperation. Petitioner shall promptly provide any additional documentation the Court or Respondent Agencies reasonably request to facilitate sealing.
2. Notice of Change. Petitioner shall notify the Court in writing within ten (10) days of becoming aware of any new criminal charge initiated before the sealing Order issues.
3. Compliance. Petitioner covenants to comply with all directives contained in the final Sealing Order, including payment of any clerk’s fees associated with record maintenance.

6. DEFAULT & REMEDIES (Reserved)

7. RISK ALLOCATION (Not Applicable)

8. DISPUTE RESOLUTION

The Superior Court of the State of Alaska retains exclusive jurisdiction to interpret and enforce any Order resulting from this Petition.

9. GENERAL PROVISIONS

1. Service. Petitioner will serve a copy of this Petition and all supporting materials on each Respondent Agency via certified mail, return receipt requested, and file proof of service with the Court.
2. Hearing Request. Petitioner requests a hearing only if required by the Court; otherwise, Petitioner agrees to submission on the written record.

3. Exhibits. The following exhibits are attached and incorporated by reference:
   • Exhibit A – Certified case dismissal/acquittal order.
   • Exhibit B – Criminal history report (APSIN/FBI) dated [DATE].
   • Exhibit C – Affidavit of Identity Theft (if applicable).

4. Integration. This Petition, together with all attached exhibits, constitutes the entire submission in support of the requested relief.

5. Amendments. Petitioner may amend or supplement this Petition only with leave of Court.

10. EXECUTION BLOCK

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct.

DATED: [MM/DD/YYYY] at [CITY], Alaska.

_______________________________
[PETITIONER NAME]
Petitioner, Pro Se
Mailing Address: [___]
Telephone: [___]
Email: [___]

NOTARY ACKNOWLEDGMENT

STATE OF ALASKA )
) ss.
[JUDICIAL DISTRICT] )

On this _______ day of ______________, 20____, before me, the undersigned Notary Public in and for the State of Alaska, personally appeared [PETITIONER NAME], proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same for the purposes therein stated.

Witness my hand and official seal.

__________________________________
Notary Public in and for the State of Alaska
My commission expires: _____________

[END OF PETITION]