Does an SIS (Suspended Imposition of Sentence) Clear Your Criminal Record in Alaska?

When facing criminal charges in Alaska, defendants are often offered a plea deal that includes a Suspended Imposition of Sentence, commonly known as an SIS. Defense attorneys and prosecutors often describe an SIS as a way to keep your record clean. However, this phrase creates a massive misconception among Alaskans who believe that finishing their probation means the entire incident will vanish into thin air.

Understanding exactly how an SIS works, what it does, and what it leaves behind is critical for your future employment and housing applications. Because the lingering data from an SIS can still complicate your life, it is important to know how to navigate background checks. If you need clarity on your specific record, you can browse our directory to find experienced criminal defense lawyers in Alaska to review your case.

What is an SIS and How Does it Work?

Under Alaska Stat. § 12.55.085, an SIS allows a judge to put you on probation without officially imposing a sentence. You still must plead guilty or no contest to the charge. If you successfully complete all conditions of your probation (paying fines, attending classes, staying out of trouble), the judge will set aside the conviction. Legally, this restores certain civil rights, but the mechanics of background checks tell a different story.

How an SIS Looks to Employers

When an employer runs a background check, the results depend heavily on the type of check they perform. Because the SIS sets aside the conviction, you are technically no longer convicted of that specific crime. However, the initial arrest, the filing of the charges, and the court docket showing you pled guilty will still exist. To many employers, seeing that you pled guilty and went on probation is enough for them to pass on your application, even if the final status says conviction set aside.

Private Background Check Companies vs. Official DPS Checks

In Alaska, there is a distinct difference between official state checks and private screenings:

• Official DPS Checks: If an employer requests an official check through the Alaska Department of Public Safety, Anchorage, the report will show the arrest and the SIS. However, it will accurately reflect that the conviction was ultimately set aside.
• Private Companies: Third-party websites and private screening companies often scrape data from Alaska CourtView when the case is first filed. They may fail to update their records months or years later when your SIS is completed. As a result, a private check might falsely report that you still have an active criminal conviction.

How to Handle the "Have you ever been convicted?" Question

This is the most critical and misunderstood part of applying for jobs or licenses with an SIS. A set-aside under Alaska Stat. § 12.55.085(e) is not an expungement or record erasure. Under Alaska law, answering "No" to a direct question asking whether you have ever been convicted of a crime is legally untruthful. In Journey v. State, 895 P.2d 955 (AK Supreme Court 1995) and Board of Nursing v. Platt, 169 P.3d 595 (AK Supreme Court 2007), the Alaska Supreme Court affirmed that a set-aside does not erase the historical reality that a conviction occurred. Answering "No" can be treated as a material misrepresentation under penalty of perjury, leading to disqualification for state civil service under 2 AAC 07.112 or the denial or revocation of professional licenses.

If an application asks whether you have ever been convicted, pled guilty, or been placed on probation, you should answer truthfully and disclose the case. Many applicants answer "Yes" and attach a brief explanatory addendum: "I received a Suspended Imposition of Sentence for a charge in [Year], which I successfully completed, and the court legally set aside the conviction under Alaska Stat. § 12.55.085(e)."

Can You Get the Arrest Sealed Later?

Unlike many other states that offer expungement or record sealing after completing an SIS or deferred adjudication, Alaska is exceptionally strict. Alaska law does not allow for the sealing or expungement of accurate criminal records just because you completed an SIS. The only standard exception under Alaska law is if the arrest was based on mistaken identity or a false accusation that resulted in immediate clearance. Therefore, an SIS remains a permanent part of your APSIN record and court file.

Comparing the Real-World Impact

Frequently Asked Questions (FAQ)