Arrest with a Warrant

A warrant may be used to make an arrest when an individual has been investigated, or a complaint has been made against them. A warrant is a legal document issued by a judicial officer, such as a judge, authorizing police officers to arrest a person or seize their property as evidence. It may also be used to present a wanted person in front of the magistrate. All warrants must be confirmed within the Alaska Public Safety Information Network before the arrests can be made.

Arrests may feature the party of interest's identifiers, which include their name, address, and current location. The warrant can also detail their physical appearance in terms of height, weight, age, and gender.

Arrests without a Warrant

Arrests in Alaska may also be performed without a warrant. Three provisions under Alaska law allow this to happen. It can be done if the crime is committed in front of the law enforcement officer, so they have to make the arrest. Alternatively, an arrest is possible if the person has committed a felony but was not in the officer's presence. That is if the officer has reasonable cause to believe the accused committed the act. The third scenario is if the person is engaging in public disturbance or if they will become a danger to themselves and others. Officers may also arrest persons if there is reasonable cause to believe they have been engaging in domestic violence or have violated protective orders.

What Are Alaska Arrests Records?

Arrest records are official documents that detail an individual's interaction with the law enforcement authorities in the state. It is the list of offenses for which the party has been contacted by law enforcement and later arrested. It is not the same as a criminal record, however, because the latter considers the processes that occur after booking, including court appearances, pleas, witness testimonies, evidence presentation, decisions, conviction, and sentencing.

Criminal records are also more likely to be less accessible due to the broader range of information and different government agencies involved. Arrest records may include the following information:

• Names, date of birth, and addresses of the party
• Physical descriptors of the arrested party include height, weight, gender, race, and age.
• Mugshots
• Charges filed, and subsequent crimes during or after arrest
• Arresting agency and officer
• Fingerprints
• Bail information

How Can Arrest Records Be Accessed in Alaska?

Arrest records are available to the public, though there are restrictions according to AS. 40.25.100 laws. The regulations restrict access to records involving juveniles or medical information. Requesters may not access records that involve ongoing criminal investigations or domestic violence. Details that constitute an unwarranted invasion of the suspect's privacy may not be available to all parties. Arrest records that do not fall into the aforementioned categories and have not yet been expunged can be viewed in the following ways:

Local Police Departments or Sheriff's Office

Law enforcement agencies are the main repositories for arrest records in any state. They contain updated records of arrests made within their jurisdiction. Individuals seeking information can contact the appropriate police department or sheriff's office for information on an individual. That is provided they have the person in custody. The office will also provide details on how to request the record. They may require government-issued photo identification, a connection to the person on the record, and the request fee. They may also provide ways to access the record in person or online, increasing convenience.

Court view - Alaska Court System

Interested parties may also search for arrests via the court records platform online. It is a public platform that allows parties to search the person of interest by name. The search is generally free for basic searches, but it can provide information on whether a person was taken into custody and their court dates. Those seeking further details may access pleas, witness testimonies, and decisions at a higher fee.

Alaska Department of Public Safety

The Department of Public Safety maintains most of the criminal justice information. Requesters can get their desired information by submitting a request based on a name search to the portal or submitting the person's fingerprints. However, they will also have to fill out a form and pay a fee of $20 for the first one. Additional copies are $5 if they are needed when the request has been submitted.

How Long Will an Arrest Report Stay on Your Alaska State Records?

In Alaska, the sealing or expungement of a record may primarily depend on whether the person was convicted. As of October 2014, records of criminal cases where the person was acquitted of the crime or dismissed charges were deemed confidential.

Can You Expunge Your Arrest Records in Alaska?

Alaska does not facilitate the expungement of arrest records even if the person was not convicted of the crime or the case was dismissed. Rather, the individual's records will be considered confidential, so they cannot be accessed by any party. To implement this, the interested party can submit a written request to the leadership of the agency responsible for maintaining the conviction or arrest records. The request will ask the agency to seal the information, arguing that there was a false accusation or mistaken identity.

That said, if a person is convicted of a crime, the arrest record will remain part of their permanent criminal background. In cases where the crime was a minor offense that has since been resolved or a juvenile record, it can be sealed. The individual whose information is sealed under these provisions can deny the existence of information about arrests or charges if asked. They may also appeal if an adverse decision has been made concerning sealing their records. The appellant will bear the financial responsibility, though, for appealing the decision. They will also be obligated to show that the agency's decision was mistaken in the first place. Appeals filed will not attack court judgment or a decision made by the parole authorities.

Is a Citizen's Arrest Legal in Alaska?

Citizens arrest is allowed under the law alongside the typical detainment by a law enforcement officer. If the accused is committing a crime in front of the citizens, they can take matters into their own hands and take the person into custody. The same applies if the suspect engages in acts that make them a danger to themselves and others. Similarly, a citizen can arrest a suspect if the person has committed a felony, provided there is reasonable cause to believe this is the case.

Citizens are only permitted to use force to defend themselves during the arrest. Cases of mistaken identity could land them in legal trouble, so it pays to be sure. They should also submit the arrested individual to the authorities as soon as they have successfully been detained to avoid any legal issues that may develop.

How to Look Up Arrest Warrants in Alaska

Record seekers may access active warrants using any of the following:

Law Enforcement Agencies

The police department or sheriff's office is generally the first stop for active warrants as they function as key repositories. Interested parties looking to view active warrants in the state may contact their offices to obtain details. Depending on the county or agency, they may require identification and a fee for the search. The next step would be to visit the department in person and ask for the details, provided the interested party has the required documentation. Others may provide the details over the phone or via an online lookup.

Alaska Department of Public Safety

The Department of Public Safety and the State Troopers generally have a database of active warrants that collects statewide data. For everyone's convenience, the warrants are currently made available in PDF and .csv formats on a provided link. The warrant list issued identifies individuals by first and last names. In most cases, it will also provide the person's middle name, gender, age, bail amount, charges filed, warrant type, and court order code.