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Alaska Criminal Records – Alaska Court System

Employers in Alaska conducting employment background screening must adhere to federal laws and specific state regulations. This article is a concise summary of laws to follow.
  • Felonies and misdemeanors court cases are updated daily
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  • View Alaska Criminal History Report PDF version

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What laws should employers follow when conducting employment background screening in Alaska?

Employers conducting employment background screening in Alaska must adhere to federal laws and specific state regulations. Below is a concise summary of the key laws to follow:

Fair Credit Reporting Act (FCRA) (Federal)

  • Consent and Disclosure: Obtain written consent from applicants before running background checks through a consumer reporting agency (CRA). Provide a standalone disclosure, separate from other application materials.
  • Adverse Action Process: If rejecting an applicant based on the report, issue a pre-adverse action notice (including the report and a summary of FCRA rights), allow time to dispute inaccuracies, and provide a final adverse action notice if the decision stands.
  • Lookback Limits: For jobs paying under $75,000, non-conviction records (e.g., arrests, civil judgments) older than 7 years generally can’t be reported. Convictions have no time limit. Restrictions may ease for higher-paying roles.

Equal Employment Opportunity Commission (EEOC) Guidelines (Federal)

  • Avoid discriminatory use of criminal records under Title VII.
  • Evaluate the offense’s nature, time elapsed, and job relevance.
  • Allow applicants to explain records to prevent unfair exclusion.
  • Ensure screening doesn’t disproportionately impact protected groups (e.g., race, sex, age) without a valid business necessity.

Alaska State Laws

  • No Ban-the-Box Law: Alaska doesn’t restrict employers from asking about criminal history on job applications, except in Anchorage, where a 2017 ordinance prohibits city employers and contractors from inquiring about convictions before a conditional offer (Anchorage Municipal Code 5.20).
  • Mandatory Background Checks: Under Alaska Statutes (AS 47.05.300-47.05.390), employers must conduct fingerprint-based checks through the Alaska Background Check Program (BCP) for roles involving vulnerable populations (e.g., childcare, healthcare, elder care, foster care). Checks include state and FBI databases.
  • Certain convictions (e.g., abuse, neglect, felonies) may permanently or temporarily bar employment (e.g., 5-10 years post-conviction).
  • Volunteers may require checks unless supervised or short-term.
  • Record Sealing: Alaska allows sealing of certain convictions (e.g., minor misdemeanors) after a waiting period (AS 12.62.180). Applicants aren’t required to disclose sealed records, but FBI checks for sensitive roles may still reveal them.

Drug and Alcohol Testing

  • Alaska has no state law limiting workplace drug testing.
  • Employers can require pre-employment or random tests but must comply with the Americans with Disabilities Act (ADA), protecting applicants using prescribed medications.
  • Recreational marijuana is legal (since 2015), but employers can test for it and enforce drug-free policies if disclosed in advance (AS 17.38.220).
  • Tests must be conducted post-offer, and employers should provide clear policy notice.

Additional Considerations

  • Credit Checks: No Alaska law restricts credit checks, but FCRA applies.
  • EEOC may scrutinize if credit checks disproportionately affect protected groups without job relevance.
  • Accuracy and Privacy: Use reputable CRAs to ensure accurate, secure reports. Errors or data breaches can lead to liability.
  • Negligent Hiring: Failing to screen for roles with vulnerable populations (e.g., children, elderly) can result in lawsuits if an employee causes harm.
Practical Tips:
  • For roles requiring BCP checks, ensure fingerprinting and compliance with barrier crime rules. Contact the Alaska Department of Health and Social Services for guidance.
  • Document FCRA compliance (consents, notices) and maintain consistent screening policies to avoid discrimination claims.
  • In Anchorage, follow local ban-the-box rules for city-related work.
  • Use national CRAs for comprehensive checks, as state systems like CourtView may miss out-of-state records.
  • Alaska’s regulations are relatively flexible outside mandatory checks for sensitive roles, but federal compliance (FCRA, EEOC, ADA) is critical to avoid legal risks.
Alaska’s criminal laws define six types of felonies and two types of misdemeanors
  • Murder, which includes only first-degree murder
  • Unclassified felonies, which include second-degree murder, attempted murder, selling heroin to a minor, and kidnapping
  • Unclassified felony sexual offenses, which include first-degree sexual assault (rape) and first-degree sexual abuse of a minor (sexual penetration with anyone under 13, or a son or daughter under 18)
  • Class A felonies, which include manslaughter, armed robbery, arson with a risk of physical injury, selling heroin to an adult, and first-degree assault
  • Class B felonies, which include unarmed robbery, theft over $25,000, selling cocaine or marijuana to a minor, burglary in a dwelling, bribery, perjury, second-degree assault, and second-degree sexual abuse of a minor
  • Class C felonies, which include negligent homicide, burglary not in a dwelling, third-degree assault, theft of $500-$25,000, check forgery, possession of heroin or cocaine, selling marijuana, vehicle theft, repeat drunk driving, and bootlegging
  • Class A misdemeanors, which include fourth-degree assault, theft of $50-$500, drunk driving, refusing a breath test, resisting arrest, wanton waste of a moose, and trespass in a dwelling
  • Class B misdemeanors, which include carrying a concealed weapon, gambling, and possession of marijuana