Alaska
Alaska Expungement Laws: What You Can (and Cannot) Do With Your Criminal Record
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 1 primary source cited on this page. How we verify our legal content

Alaska does not have a general expungement law. Criminal conviction records maintained by the Alaska Department of Public Safety (DPS) are permanent, and the narrow relief that exists under state law depends heavily on what the court did at the time of the case: a suspended entry of judgment under AS 12.55.078, which ends in dismissal of the proceedings; the set-aside of a conviction under AS 12.55.085 after a suspended imposition of sentence; and the sealing, under AS 12.62.180, of records that, beyond a reasonable doubt, resulted from mistaken identity or false accusation.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Alaska state criminal records only. For a state-by-state comparison, see Expungement Laws by State.
Does Alaska Have Expungement?
Alaska does not have expungement in the way most states use that term. The Alaska Department of Public Safety states on its official background-check pages that Alaska does not have a law to expunge criminal history records, which means those records cannot be permanently removed from the central repository. That reflects longstanding Alaska law. The Alaska Legislature has not enacted a general expungement statute, so there is no procedure by which an adult can petition a court to permanently destroy or remove a criminal conviction record from the DPS central repository. Records of arrests, charges, and convictions accumulate and remain in the DPS criminal history repository indefinitely unless one of the narrow statutory exceptions below applies.
Suspended Entry of Judgment Under AS 12.55.078
Alaska law gives a sentencing court a deferral tool that discussions of the set-aside often overshadow. AS 12.55.015(a)(8) lists both options side by side: the court may "suspend entry of judgment under AS 12.55.078 or suspend imposition of sentence under AS 12.55.085." The two lead to different endpoints. With a suspended imposition of sentence, a conviction is entered and may later be set aside. With a suspended entry of judgment, the court withholds entry of the judgment itself, and successful completion of the conditions ends the case in dismissal rather than in a conviction that is later annotated. AS 12.55.045(l) draws that contrast in statutory text, distinguishing the point at which "the proceeding is dismissed under AS 12.55.078" from the point at which "a conviction is set aside under AS 12.55.085."
That difference carries through to what the public can see. Under AS 22.35.030, the Alaska Court System "may not publish a court record of a criminal case on a publicly available website" once 60 days have elapsed from the date of acquittal or dismissal, where the defendant was acquitted of all charges, all charges were dismissed other than as part of a Criminal Rule 11 plea agreement in another case, the defendant was acquitted of some charges and the rest were dismissed, or "all criminal charges against the defendant in the case have been dismissed after a suspended entry of judgment under AS 12.55.078." A case that ends in a suspended-entry-of-judgment dismissal therefore comes off CourtView by operation of statute, on the same footing as an acquittal. The Alaska Court System's own CourtView guidance describes this statutory bar alongside the separate set-aside removal rule, and notes that qualifying cases should come down automatically but are occasionally missed, in which case the court asks that it be reported using form TF-810.
Like an SIS, a suspended entry of judgment is something a court grants during the case, not relief a person can seek years after a conviction is final. It therefore matters mainly for a case that is still pending, and an Alaska attorney can say whether it is available on the particular charges involved.
The Set-Aside of Conviction Under AS 12.55.085
The closest Alaska comes to conviction relief after the fact is the set-aside procedure under AS 12.55.085. A set-aside is not expungement. When a court grants a Suspended Imposition of Sentence (SIS), it withholds a formal judgment of conviction and instead places the defendant on probation. If the defendant successfully completes all probation conditions, the court may set aside the conviction under AS 12.55.085. The practical effect is that the case is officially noted as "set aside" in court records. Under Alaska Administrative Rule 40(a)(13), cases in which a defendant successfully completed an SIS and the court set aside the conviction are automatically removed from public access on the Alaska Court System's CourtView website, provided all other charges in the case were also dismissed, set aside, or the defendant was acquitted. However, the conviction record continues to exist in DPS criminal history files and does not disappear from background checks that query the DPS repository directly. The set-aside may carry some collateral benefits in limited licensing or employment contexts, but it does not erase the DPS record or restore all civil rights automatically.
Not all convictions qualify for SIS at sentencing. Courts may not impose SIS for certain serious felonies, and prosecutors and judges retain broad discretion over whether to offer SIS in the first place. Some offenses are shut out by statute rather than by discretion. On a conviction for driving while under the influence, AS 28.35.030(b) provides that the court "may not ... (B) suspend imposition of sentence," and the same bar appears in the felony DUI sentencing provisions of that section and in AS 28.35.032 for refusal to submit to a chemical test. Because an SIS is unavailable for a DUI conviction as a matter of statute, a DUI conviction can never be set aside under AS 12.55.085. If SIS was not granted at the time of sentencing, the set-aside route under AS 12.55.085 is not available.

Sealing of Records Under AS 12.62.180
Alaska law provides one mechanism specifically labeled "sealing," but it applies only to records that resulted from mistaken identity or false accusation. Under AS 12.62.180, a criminal justice agency may seal information it is responsible for maintaining when that information meets those narrow criteria. To seek this relief, an individual submits a written request to the head of the agency holding the record, asking that the information be sealed because it resulted, beyond a reasonable doubt, from mistaken identity or false accusation, one of the highest evidentiary standards in Alaska law. For records held by DPS, the request goes to the R&I Quality Assurance Unit at 5700 E. Tudor Road, Anchorage, AK 99507. DPS has a designated "Request to Seal Criminal Justice Record" form for this purpose. This process does not apply to accurate conviction records. If you were arrested, charged, and convicted and the record correctly reflects those facts, AS 12.62.180 provides no avenue for sealing.

Challenging Inaccurate or Incomplete Criminal History
Separate from the sealing process, Alaska law allows individuals to challenge the accuracy or completeness of their criminal history records held by DPS. AS 12.62.170 governs that process. It requires a criminal justice agency to "correct, modify, or add an explanatory notation to criminal history records that the agency is responsible for maintaining if the revision is necessary to achieve accuracy or completeness," and it allows a person to submit a written request to the head of the agency responsible for maintaining the information. The decision of the head of the agency is the final administrative decision on the request. Under AS 12.62.170(c), an adverse decision may be appealed to court under the applicable rules for appealing an administrative agency decision, with the appellant bearing the burden of showing that the agency decision was in error.
In practice, you submit a "Request to Correct Criminal Justice Information" form to the DPS R&I Quality Assurance Unit. DPS states that where the disputed APSIN criminal history information was or will be used to deny a right or privilege, the department has five days to respond to the request or to forward it to the agency responsible for maintaining that information. That five-day figure comes from DPS itself, not from AS 12.62.170, which sets no response deadline. Missing disposition data is among the most common issues that arise in these correction requests. Providing documentation from your court case can help expedite the process. A successful correction updates the accuracy of the record but does not remove it. The distinction between correcting an inaccurate record and sealing or expunging an accurate conviction record is critical: only the former is available as of right under Alaska law.
Juvenile Records in Alaska
Alaska treats juvenile delinquency records under a separate statutory framework. Juvenile records are not automatically public in the same way adult criminal records are, and Alaska law provides procedures under which certain juvenile records may be sealed when the individual reaches adulthood and meets applicable conditions. The specific eligibility requirements and procedures for juvenile record sealing are distinct from anything discussed in this article, which focuses on adult criminal records. If you have a juvenile record and want to understand your options, consult an Alaska attorney familiar with the Alaska Delinquency Rules and the applicable provisions of the Alaska Children's Code.
What You Can Do If You Have an Alaska Criminal Record
Given how limited Alaska's record-relief options are, practical steps focus on accuracy and context rather than erasure. First, obtain your own criminal history record from DPS to verify it is accurate and complete. Second, if the record contains errors or missing dispositions, submit a correction request to DPS R&I under AS 12.62.170 with supporting court documentation. Third, a DUI conviction is statutorily ineligible for an SIS and so for a set-aside, but if you received an SIS at sentencing and have completed probation, ask an Alaska attorney for a free consultation on whether you can petition for a set-aside under AS 12.55.085 (attorney advertising). Fourth, if the court suspended entry of judgment under AS 12.55.078 instead, ask whether the proceedings have been dismissed and whether the case has come off CourtView under AS 22.35.030. Fifth, if your record stems from a case of mistaken identity or false accusation, ask an attorney whether a sealing request under AS 12.62.180 applies to your situation. Finally, be aware that some federal records, FBI records, and records held by other states are outside the reach of Alaska's procedures entirely.
Disclaimer: This article discusses Alaska state law as it existed on May 29, 2026. Alaska criminal records law is subject to legislative change. Nothing in this article constitutes legal advice. Consult a licensed Alaska attorney for guidance specific to your situation.
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RecordingLaw.com provides general legal information, not legal advice. Laws change; verify current statutes with official Alaska sources or a licensed attorney.
More Alaska Laws
Frequently Asked Questions
Does Alaska have expungement?
No. Alaska does not have a general expungement law. The Alaska Department of Public Safety states officially that Alaska has no law to expunge criminal history records, so those records cannot be permanently removed from the state's central repository. There is no court petition process to erase a conviction record.
What is a set-aside of conviction in Alaska?
A set-aside under AS 12.55.085 is available only when a court imposed a Suspended Imposition of Sentence (SIS) at sentencing and the defendant successfully completed probation. The court then notes the conviction as 'set aside.' Under Alaska Administrative Rule 40(a)(13), the case is automatically removed from public access on the CourtView website, but the conviction record persists in DPS criminal history files.
What is a suspended entry of judgment in Alaska?
Under AS 12.55.078 a court may suspend entry of judgment rather than entering a conviction. AS 12.55.015(a)(8) lists it alongside the suspended imposition of sentence as a sentencing option, and AS 12.55.045(l) distinguishes a proceeding that 'is dismissed under AS 12.55.078' from a conviction that 'is set aside under AS 12.55.085.' Because a suspended-entry-of-judgment case ends in dismissal, AS 22.35.030 bars the Alaska Court System from publishing the record on a publicly available website once 60 days have elapsed. Like an SIS, it is granted by the court during the case, not sought years afterward.
What does AS 12.62.180 do?
AS 12.62.180 allows a criminal justice agency to seal records that, beyond a reasonable doubt, resulted from mistaken identity or false accusation. It does not authorize sealing of accurate conviction records. A person who was accurately convicted has no avenue to seal records under this statute.
How do I clear my record in Alaska?
For most people with Alaska convictions, full record clearing is not available. If your record contains inaccurate information, you can submit a correction request to DPS R&I under AS 12.62.170. If you received an SIS and completed probation, you may petition for a set-aside under AS 12.55.085, which removes the case from CourtView public access but leaves the record in DPS files. If the court suspended entry of judgment under AS 12.55.078 and you completed the conditions, the proceedings are dismissed rather than producing a conviction, and AS 22.35.030 bars the court system from publishing the case online 60 days after the dismissal. For records that, beyond a reasonable doubt, resulted from mistaken identity or false accusation, AS 12.62.180 may permit sealing. An Alaska attorney can advise which, if any, options apply to your case.
Does Alaska CourtView show set-aside records?
No. Under Alaska Administrative Rule 40(a)(13), cases in which a defendant successfully completed an SIS and the court set aside the conviction are automatically removed from public access on the CourtView website, provided all other charges in the case were also dismissed, set aside, or the defendant was acquitted. A separate statute, AS 22.35.030, bars online publication of cases ending in acquittal, dismissal of all charges, or dismissal after a suspended entry of judgment. In either situation the conviction or arrest record may remain in DPS criminal history files and appear on background checks that query the DPS repository.
Can I get a DUI expunged in Alaska?
No, and the set-aside route is closed to DUI as well. Alaska has no general expungement law, so a DUI conviction cannot be expunged. It also cannot be set aside under AS 12.55.085, because a set-aside requires a Suspended Imposition of Sentence and AS 28.35.030(b) provides that on a DUI conviction the court 'may not ... (B) suspend imposition of sentence.' The same bar appears in the felony DUI sentencing provisions of that section and in AS 28.35.032 for refusing a chemical test. An SIS is therefore unavailable for a DUI conviction as a matter of statute, which means the set-aside that follows a completed SIS is unavailable too.
How do I request a copy of my Alaska criminal history record?
You can request your own criminal history record from the Alaska Department of Public Safety. Background check request instructions and forms are available on the DPS website at dps.alaska.gov. Reviewing your own record is a useful first step before pursuing any correction or relief option.
Are Alaska juvenile records automatically sealed?
Alaska juvenile delinquency records are not automatically public in the same way adult records are, and there are procedures for sealing juvenile records when the individual reaches adulthood and meets certain conditions. These rules are separate from adult criminal record procedures. Consult an Alaska attorney for specifics.
Updates
Corrected the DUI answer, which pointed readers at a set-aside that Alaska law forecloses because a DUI conviction cannot receive a suspended imposition of sentence, added Alaska’s suspended entry of judgment under AS 12.55.078 and the online-publication bar in AS 22.35.030, and named AS 12.62.170 as the statute governing record corrections while sourcing the five-day DPS response figure and restoring the condition it depends on.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the description of AS 12.62.180 record sealing to reflect the statute's 'beyond a reasonable doubt' evidentiary standard for mistaken-identity or false-accusation claims, which the article had omitted throughout.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Alaska Statutes, Title 12: Code of Criminal Procedure
§ 12.55.085Suspending imposition of sentenceIn forcecited in 2 of our articles
(a) Except as provided in (f) of this section, if it appears that there are circumstances in mitigation of the punishment, or that the ends of justice will be served, the court may, in its discretion, suspend the imposition of sentence and may direct that the suspension continue for a period of time, not exceeding the maximum term of sentence that may be imposed or a period of one year, whichever is greater, and upon the terms and conditions that the court determines, and shall place the person on probation, under the charge and supervision of the probation officer of the court during the suspension. (b) At any time during the probationary term of the person released on probation, a probation officer may, without warrant or other process, rearrest the person so placed in the officer's care
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at akleg.gov
Also relied on in: Alaska Background Check Laws (2026 Guide)
Alaska Statutes, Title 12. Code of Criminal Procedure, Chapter 62. Criminal Justice Information and Records Checks
§ 12.62.180Sealing of criminal justice informationIn forcecited in 3 of our articles
(a) Under this section, a criminal justice agency may seal only the information that the agency is responsible for maintaining. (b) 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 decision of the head of the agency is the final administrative decision on the request. (c) The person requesting that the information be sealed may appeal an adverse decision of the agency to the court under applicable rules of procedure for appealing the decision of an administrative agency. The appellant bears the burden on appeal of showing that the agency decision was clearly mistaken. An appeal filed under this subsection may not collaterally attack a court judgment or a decision by prison, probation, or parole authorities, or any other action that is or could have been subject to appeal, post-conviction relief, or other administrative remedy.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State, Division of Corp., Business & Professional Licensing, Alaska Board of Nursing v. Platt (Alaska Supreme Court 2007, 169 P.3d 595)“…tion] resulted from mistaken identity or false accusation." AS 12.62.180(b). . Doe, 92 P.3d at 407 .…”
- Benjamin S. v. Stephenie S. (Alaska Supreme Court 2018)“…ealing of records in criminal proceedings (AS 22.35.030 and AS 12.62.180). Neither applies to this civil proceed…”
- Briggs v. Yi (District Court, D. Alaska 2023)“…do not explain why it would be impracticable to redact 61 Alaska Stat. § 12.62.180(d)(6) (1994).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Court Records: How to Search CourtView, What's Excluded, and Set Aside vs Seal
§ 12.62.170Correction of criminal justice informationIn force
(a) A criminal justice agency shall correct, modify, or add an explanatory notation to criminal history records that the agency is responsible for maintaining if the revision is necessary to achieve accuracy or completeness. (b) A person may submit a written request to the head of the agency responsible for maintaining criminal justice information asking the agency to correct, modify, or add any information or explanatory notation to criminal justice information about the person that the person believes is inaccurate or incomplete. The decision of the head of the agency is the final administrative decision on the request. (c) The person requesting revision of criminal justice information may appeal an adverse decision of the agency to the court under applicable rules of procedure for appealing the decision of an administrative agency. The appellant bears the burden on appeal of showing that the agency decision was in error.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
Alaska Statutes, Title 12. Code of Criminal Procedure, Chapter 55. Sentencing and Probation
§ 12.55.015Authorized sentences; forfeitureIn force
(a) Except as limited by AS 12.55.125 12.55.175, the court, in imposing sentence on a defendant convicted of an offense, may singly or in combination (1) impose a fine when authorized by law and as provided in AS 12.55.035; (2) order the defendant to be placed on probation under conditions specified by the court that may include provision for active supervision; (3) impose a definite term of periodic imprisonment, but only if an employment obligation of the defendant preexisted sentencing and the defendant receives a composite sentence of not more than two years to serve; (4) impose a definite term of continuous imprisonment; (5) order the defendant to make restitution under AS 12.55.045; (6) order the defendant to carry out a continuous or periodic program of community work under AS 12.55.055; (7) suspend execution of all or a portion of the sentence imposed under AS 12.55.080; (8) suspend entry of judgment under AS 12.55.078 or suspend imposition of sentence under AS 12.55.085; (9) order the forfeiture to the commissioner of public safety or a municipal law enforcement agency of a deadly weapon that was in the actual possession of or used by the defendant during the commission…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Scott v. State (Court of Appeals of Alaska 1996, 928 P.2d 1234)“…as a direct provision of Scott’s sentence. See AS 12.55.015(a)(10). Scott’s Arguments on…”
- Benboe v. State (Court of Appeals of Alaska 1987, 738 P.2d 356)“…of the court’s sentencing authority is generally defined in AS 12.55.015. 7 Under subsection (a) of…”
- Williams v. State (Court of Appeals of Alaska 1996, 924 P.2d 104)“…treatment program offered in prison,” Judge Weeks relied on AS 12.55.015(a)(10), which authorizes sentencing jud…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 12.55.045Restitution and compensationIn forcecited in 2 of our articles
(a) The court shall, when presented with credible evidence, unless the victim or other person expressly declines restitution, order a defendant convicted of an offense to make restitution as provided in this section, including restitution to the victim or other person injured by the offense, to a public, private, or private nonprofit organization that has provided or is or will be providing counseling, medical, or shelter services to the victim or other person injured by the offense, or as otherwise authorized by law. The court shall, when presented with credible evidence, unless the victim expressly declines restitution, also order a defendant convicted of an offense to compensate a victim that is a nonprofit organization for the value of labor or goods provided by volunteers if the labor or goods were necessary to alleviate or mitigate the effects of the defendant's crime.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Brezenoff v. State (Court of Appeals of Alaska 1983, 658 P.2d 1359)“…ot make the inquiry into her ability to pay, as required by AS 12.55.045(a), before determining the amount of re…”
- Karr v. State (Alaska Supreme Court 1984, 686 P.2d 1192)“…d contends that the restitution was imposed in violation of AS 12.55.045(a) because the judge did not consider h…”
- Lonis v. State (Court of Appeals of Alaska 2000, 998 P.2d 441)“…hority to order restitution to the victim’s insurer. AS 12.55.045(a) provides that a “court may order a d…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Identity Theft Laws: Criminal Impersonation and Your Rights
Alaska Statutes, Title 22. Judiciary, Chapter 35. Miscellaneous Provisions
§ 22.35.030Records concerning criminal cases resulting in acquittal or dismissalIn forcecited in 2 of our articles
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 and (1) the defendant was acquitted of all charges filed in the case; (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; (3) the defendant was acquitted of some of the criminal charges in the case and the remaining charges were dismissed; or (4) all criminal charges against the defendant in the case have been dismissed after a suspended entry of judgment under AS 12.55.078.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Benjamin S. v. Stephenie S. (Alaska Supreme Court 2018)“…fidentiality or sealing of records in criminal proceedings (AS 22.35.030 and AS 12.62.180). Neither applies to t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Alaska Statutes, Title 28. Motor Vehicles, Chapter 35. Offenses and Accidents
§ 28.35.030Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substanceIn forcecited in 4 of our articles
(a) A person commits the crime of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates or drives a motor vehicle or operates an aircraft or a watercraft (1) while under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance, singly or in combination; or (2) and if, as determined by a chemical test taken within four hours after the alleged operating or driving, there is 0.08 percent or more by weight of alcohol in the person's blood or 80 milligrams or more of alcohol per 100 milliliters of blood, or if there is 0.08 grams or more of alcohol per 210 liters of the person's breath. (b) Except as provided under (n) of this section, driving while under the influence of an alcoholic beverage, inhalant, or controlled substance is a class A misdemeanor.
Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at akleg.gov
Cited in 317 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Copelin v. State (1983) held that a driver arrested under AS 28.35.030 who asks to call an attorney must get a reasonable opportunity before deciding whether to take a breath test, and suppressed evidence obtained after that denial. State v. Fyfe (2016) held Title 28's fine-doubling statute does not double the section's minimum fine.
Opinions citing this section in our collection:
- Copelin v. State (Alaska Supreme Court 1983, 659 P.2d 1206)✓Copelin was charged under AS 28.35.030 and refused permission to call a lawyer before deciding on a breathalyzer; the court held AS 12.25.150(b) gives a DUI arrestee a limited right to contact counsel first, suppressed the resulting evidence, and reversed.
- State v. Fyfe (Alaska Supreme Court 2016, 370 P.3d 1092)✓Fyfe was convicted of felony DUI in a designated traffic safety corridor and fined $20,000, double the minimum; the court held AS 28.90.030(a) does not double statutory minimum fines, so the AS 28.35.030(n) minimum stood and it remanded for a $10,000 fine.
- Ballard v. State (Court of Appeals of Alaska 1998, 955 P.2d 931)✓Ballard failed a battery of field sobriety tests including horizontal gaze nystagmus and was prosecuted under AS 28.35.030(a)(1) with no breath test in evidence; the court held nystagmus results are admissible on impairment but may not be correlated to any blood alcohol level.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska DUI Laws: Penalties, BAC Limit & License (2026), Alaska Hit and Run Laws: Penalties and What to Do, Truck Accident Laws in Alaska (2026): Deadlines & Liability
§ 28.35.032Refusal to submit to chemical testIn forcecited in 2 of our articles
(a) If a person under arrest for operating a motor vehicle or aircraft while under the influence of an alcoholic beverage, inhalant, or controlled substance refuses the request of a law enforcement officer to submit to a chemical test authorized under AS 28.33.031(a)(1) or AS 28.35.031(a), or if a person involved in a motor vehicle accident that causes death or serious physical injury to another person refuses the request of a law enforcement officer to submit to a chemical test authorized under AS 28.33.031(a)(2) or AS 28.35.031(g), after being advised by the officer that the refusal will result in the denial or revocation of the driver's license, privilege to drive, or privilege to obtain a license, that the refusal may be used against the person in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while operating a motor vehicle or aircraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, and that the refusal is a crime, a chemical test may not be given, except as provided by AS 28.35.035.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
Cited in 92 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Copelin v. State (Alaska Supreme Court 1983, 659 P.2d 1206)“…ge v. Geber, 592 P.2d 1187 (Alaska 1979) (interpreting AS 28.35.032). 16 *1213 Therefore, the law has d…”
- Graham v. State (Alaska Supreme Court 1981, 633 P.2d 211)“…076 apply only where not “otherwise specifically provided.” AS 28.35.032(b) requires immediate revocation of a d…”
- Palmer v. State (Alaska Supreme Court 1979, 604 P.2d 1106)“…ht to refuse to submit to a breathalyzer examination. See AS 28.35.032(a); Anchorage v. Geber, 592 P.2d 11…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Alaska Department of Public Safety – Background Checks and Record Correction(dps.alaska.gov)
- AS 12.55.085 – Suspended Imposition of Sentence(akleg.gov)
- AS 12.62.180 – Sealing of Criminal Justice Records(akleg.gov)
- Alaska Court System, CourtView Online Information and Administrative Rule 40(courts.alaska.gov).gov
- AS 28.35.030 - Operating a Vehicle While Under the Influence (court may not suspend imposition of sentence)(akleg.gov)
- AS 12.55.078 - Suspending Entry of Judgment(akleg.gov)
- AS 22.35.030 - Records Concerning Criminal Cases Resulting in Acquittal or Dismissal(akleg.gov)
- AS 12.62.170 - Correction of Criminal Justice Information(akleg.gov)