Alaskans who have been convicted for low-level marijuana possession will be able to apply to keep their records confidential so they do not appear in background checks, under a new law that takes effect in 2027.
The change is part of a wide-ranging omnibus crime package that was approved by the Alaska Legislature and allowed to pass into law without Gov. Mike Dunleavy’s signature in June.
Alaskans are eligible if they have been convicted of possessing less than an ounce of marijuana, were 21 years or older at the time of the arrest, and were not convicted of any other criminal charges in the case.
Individuals must make a request to the Alaska Department of Public Safety that those records be kept confidential on background checks.
Marijuana is legal in Alaska after voters approved its cultivation, sale and recreational use in 2014. Alaskans are permitted to possess up to one ounce of marijuana for personal use in public, and up to four ounces in a private residence. Larger amounts, intent to distribute or large unlicensed cultivation carry a variety of criminal penalties, fines and possible jail time.
While personal use is currently legal, the bill’s sponsor, Rep. David Nelson, R-Anchorage, said those criminal records can still carry stigma and create barriers to opportunities.
“Hardworking Alaskans are still facing barriers to employment, housing, licensing, and volunteer opportunities, leaving them less able to contribute fully to their community,” Nelson told lawmakers at a February hearing. He noted that under the bill Alaskans can keep those records confidential while still allowing government agencies access for background and statistical information.
In 2023, the Alaska Supreme Court ordered low level marijuana convictions to be removed from the public CourtView system, while still being available in courthouse searches and criminal background checks. The move was similarly prompted to help people avoid negative consequences from convictions that took place before marijuana was legalized in Alaska.
Officials with the Department of Public Safety said in a fiscal note the number of requests to keep low level marijuana conviction records confidential “is anticipated to be high.” They said change will require creating a new criminal justice technician position to search thousands of criminal conviction records and restrict their release. They estimated the cost to implement the bill at over $144,000 in the first year, and over $126,000 in the second year of implementation.
