Can a DUI be expunged in Alaska?
A DUI conviction cannot be expunged or sealed in Alaska.
A DUI conviction is the offence most often written out of a state's expungement law. Where relief exists at all it usually arrives with a waiting period, a one-time limit and a list of disqualifiers, and clearing the court record is not the same as clearing the record the licensing agency keeps. The rules below are Alaska's own, each quoted from the statute or the agency that holds the record.
Also called: setting aside a conviction after a suspended imposition of sentence.
Whether a DUI can be cleared at all
| What the relief is called | sealing of criminal justice information |
|---|---|
| A DUI conviction | Cannot be cleared |
| Waiting period | not stated as a fixed period |
| How it is obtained | By petition only |
Alaska Statute 12.62.180(b) lets a person ask the agency that keeps a conviction record to seal it only where the information resulted, beyond a reasonable doubt, from mistaken identity or a false accusation. The other route by which an Alaska conviction can be set aside — discharge after a suspended imposition of sentence under AS 12.55.085(e) — is closed for driving under the influence, because AS 28.35.030(b)(2)(B) states that the court may not suspend imposition of sentence for that offense.
“A person may submit a written request to the head of the agency responsible for maintaining past conviction or current offender information, asking the agency to seal such information about the person that, beyond a reasonable doubt, resulted from mistaken identity or false accusation.”
The driving record is a separate record
This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.
Not addressed on the official pages read. No Division of Motor Vehicles page addresses removing a driving-under-the-influence conviction from the driver record, and the sealing statute reaches only what a criminal justice agency holds. AS 28.35.030(w)(4) keeps the conviction in play for sentencing for 15 years, defining a person as previously convicted where the earlier conviction falls within the 15 years preceding the present offense.
“previously convicted means having been convicted in this or another jurisdiction within the 15 years preceding the date of the present offense of any of the following offenses”
What else sits on that record: suspensions and points in Alaska.
How long the wait is, and from when
No waiting period appears, because the sealing request under AS 12.62.180 turns on mistaken identity or false accusation rather than on time passing. AS 22.35.030 uses a different measure for cases that ended without a conviction: the court system may not publish the court record on a publicly available website once 60 days have passed from the acquittal or dismissal.
“The Alaska Court System may not publish a court record of a criminal case on a publicly available website if 60 days have elapsed from the date of acquittal or dismissal”
Automatic or by petition
Alaska has no Clean Slate style law that clears convictions without a filing. Sealing under AS 12.62.180 begins with a written request to the head of the agency that holds the record. Separately, AS 22.35.030 removes court records of acquittals and dismissals from the public court website automatically after 60 days, but that provision reaches only what is published online and does not apply to a conviction.
“(2) all criminal charges against the defendant in the case have been dismissed and were not dismissed as part of a plea agreement in another criminal case under Rule 11, Alaska Rules of Criminal Procedure;”
Where it is filed, and what it costs
| Filed with | the head of the criminal justice agency responsible for maintaining the record; the agency's decision is the final administrative decision |
|---|
AS 12.62.180 describes a written request to the head of the agency that maintains the past conviction or current offender information. The head of the agency makes the final administrative decision, and an adverse decision may be appealed to the court under the rules for appealing an administrative agency decision, with the appellant bearing the burden of showing the decision was clearly mistaken.
“The decision of the head of the agency is the final administrative decision on the request.”
Whether a cleared DUI still counts as a prior
AS 28.35.030(w)(4) defines previously convicted as a conviction in Alaska or another jurisdiction within the 15 years preceding the date of the present offense, and convictions arising out of a single transaction and a single arrest count as one. AS 28.35.030(n) uses a 10-year measure for the felony class C offense based on two or more prior convictions since January 1, 1996.
“previously convicted means having been convicted in this or another jurisdiction within the 15 years preceding the date of the present offense of any of the following offenses; however, convictions for any of these offenses, if arising out of a single transaction and a single arrest, are considered”
The statute: AS 12.62.180
“Sec. 12.62.180. Sealing of criminal justice information. (a) Under this section, a criminal justice agency may seal only the information that the agency is responsible for maintaining.”
Questions about clearing a DUI in Alaska
- Can an Alaska DUI conviction be sealed or expunged?
- AS 12.62.180(b) allows a written request to seal past conviction information only where that information, beyond a reasonable doubt, resulted from mistaken identity or false accusation. It is not a general expungement provision, and it does not turn on how much time has passed or on completing a sentence.
- Can a DUI conviction be set aside after probation in Alaska?
- AS 12.55.085(e) allows a court to set aside a conviction when it discharges a person without imposing sentence after a suspended imposition of sentence. AS 28.35.030(b)(2)(B) states that on a driving-under-the-influence conviction the court may not suspend imposition of sentence, so that route is not available.
- What happens to court records if the DUI charge was dismissed?
- AS 22.35.030 states that the Alaska Court System may not publish a court record of a criminal case on a publicly available website once 60 days have passed from an acquittal or a dismissal of all charges, subject to the conditions listed in that section. The statute governs website publication rather than the underlying records.
Sources
- AS 12.62.180 — Sealing of criminal justice information (Alaska State Legislature)
- AS 12.55.085 — Suspending imposition of sentence (Alaska State Legislature)
- AS 22.35.030 — Records concerning criminal cases resulting in acquittal or dismissal (Alaska State Legislature)
- AS 28.35.030 — Operating a vehicle while under the influence (Alaska State Legislature)
- Alaska DMV — Restrictions Due to Drinking and Driving FAQ
Cite this page
Every state page quotes the statute or agency page each value comes from; when citing this page, include the verification date shown above.
WheelsBack. "DUI expungement and record sealing in Alaska." Verified against primary sources August 29, 2026; sources re-checked September 4, 2026. https://wheelsback.com/alaska/dui-expungement/