When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Alaska, expungement of a criminal record is referred to as 'setting aside a conviction.' Alaska's laws are relatively limited in terms of expungement compared to some other states. Generally, Alaska does not allow for the expungement of adult criminal convictions except in very specific circumstances, such as if the conviction was for a crime that is no longer illegal. However, Alaska does allow for the sealing of certain juvenile records. For adults, the relief that is most commonly available is a pardon from the governor, which does not erase the conviction but can restore certain rights and is a matter of public record. The process of setting aside a conviction or sealing records is governed by Alaska Statutes, and eligibility often depends on factors such as the nature of the offense, the completion of the sentence, and the passage of a certain amount of time without new offenses. It is important for individuals seeking to understand their options regarding expungement or sealing of records in Alaska to consult with an attorney who can provide advice based on the specifics of their case.