Clearing Your Name After Criminal Identity Theft in Alaska: Warrants & Court Records

Imagine being pulled over for a broken taillight in Anchorage, only to find yourself handcuffed on the side of the road because the officer's computer shows a felony warrant for your arrest. Criminal identity theft occurs when a criminal uses your name, date of birth, or stolen ID when they are arrested or cited by police. Fixing this nightmare requires proving you are not the person who committed the crime. Because an active warrant can cost you your job or your freedom, we strongly urge you to browse our US Directory of Lawyers to find a criminal defense attorney to clear your name immediately.

Step-by-Step Process to Correct Criminal Records in Alaska

The burden of proof in criminal identity theft falls entirely on the victim. The court and the police will assume the record is accurate until you provide undeniable biometric proof otherwise.

Step 1: Dealing with Alaska State Troopers and Mistaken Active Warrants

If you discover there is an active warrant in your name for a crime you did not commit, do not ignore it. You should contact an attorney before walking into a police station, as you could be arrested on the spot. Your lawyer will arrange for you to voluntarily visit the Alaska State Troopers, Anchorage or your local police department. The primary way to prove innocence is to submit to a live-scan fingerprinting session. The police will compare your fingerprints to the prints taken from the criminal at the time of the original arrest. If they do not match, law enforcement will issue a "clearance letter" or "certificate of mistaken identity."

Step 2: Navigating the Alaska Court System to Correct the Record

Getting a clearance letter from law enforcement does not automatically fix the state's public trial court database (CourtView). To prevent future wrongful arrests, you must actively correct the judicial record. While administrative agency corrections are governed by Alaska Stat. § 12.62.170, correcting the official court docket requires judicial intervention. Your attorney must file a formal motion under Alaska R. Crim. P. 36 with the Alaska Superior Court, Anchorage (or the specific district or superior court where the fraudulent criminal case was filed). By attaching your police clearance letter and fingerprint analysis, your lawyer will ask the judge to enter an order correcting clerical errors, striking your identifying data from CourtView, and substituting the defendant's true identity or designating them as "John Doe."

Step 3: The Process for Sealing False Arrest Records

Alaska is notoriously strict about expungements, as standard criminal records cannot be erased. However, mistaken identity is an authorized statutory ground for complete sealing. Once the court issues an order confirming mistaken identity, you must submit Form Seal Req 2-04, Alaska, Alaska Department of Public Safety, Request to Seal Criminal Justice Information pursuant to Alaska Stat. § 12.62.180 and Alaska Admin. Code tit. 13, § 68.205 directly to the Alaska Department of Public Safety, Criminal Records and Identification Bureau, Anchorage. This ensures the Central Repository removes the false arrest from the Alaska Public Safety Information Network (APSIN) and scrubs it from background checks, protecting your employment and housing records.

How Much Does It Cost to Clear Criminal Identity Theft?

Untangling a false criminal record requires administrative fees and, often, the necessity of legal representation.

How Long Does the Process Take?

Obtaining fingerprint clearance from the police can take anywhere from a few days to a couple of weeks. However, petitioning the court, scheduling a hearing, and getting the Department of Public Safety to completely seal the digital records can take 3 to 6 months. During this time, carry your police clearance letter with you at all times in case you are subjected to a traffic stop.

Frequently Asked Questions (FAQ)