Alaska Background Check Laws (2026 Guide)

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title: "Alaska Background Check Laws: What Employers, Landlords, and Applicants Need to Know" description: "Complete guide to Alaska background check laws covering employer screening, Ban the Box status, FCRA rules, lookback periods, housing checks, licensing requirements, and record relief options."

Overview of Alaska Background Check Laws

Alaska takes a relatively hands-off approach to regulating background checks at the state level. Unlike many other states that have enacted detailed consumer protection statutes governing employment screening, Alaska relies primarily on federal law to set the rules.

The Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964 form the backbone of background check regulation in the state. This means employers, landlords, and licensing agencies in Alaska must follow federal requirements but face fewer state-imposed restrictions than their counterparts in states like California or New York.

That said, Alaska does maintain specific requirements for certain industries and professions. Healthcare facilities, schools, childcare providers, and various licensed professionals must comply with fingerprint-based background check mandates under Alaska Statutes Title 12, Chapter 62 and Title 47, Chapter 05.

Understanding these rules matters whether you are an employer conducting pre-hire screening, a landlord evaluating tenants, or an individual preparing for a background check.

Ban the Box in Alaska

State-Level Status

Alaska does not have a statewide Ban the Box law. Private employers can ask about criminal history at any point during the hiring process, including on the initial job application.

This stands in contrast to the more than 35 states and over 150 cities and counties that have adopted some form of fair chance hiring legislation. In Alaska, there is no legal requirement for private employers to delay criminal history inquiries until after a conditional job offer.

Anchorage Municipal Ordinance

While Alaska lacks a statewide law, the Municipality of Anchorage adopted a local fair chance hiring ordinance. Under Anchorage Municipal Code 5.20, which took effect in 2017, municipal employers and their contractors are prohibited from inquiring about criminal convictions before extending a conditional offer of employment.

This ordinance applies only to direct municipal positions and contractors working with the Municipality of Anchorage. It does not apply to private employers in Anchorage or to employers in other Alaska cities and boroughs.

Practical Implications for Employers

Even without a Ban the Box mandate, many Alaska employers voluntarily delay criminal history questions. This approach broadens the candidate pool and reduces the risk of discrimination claims under Title VII. The Equal Employment Opportunity Commission (EEOC) has issued guidance recommending that employers consider the nature and gravity of the offense, the time elapsed since the conviction, and the nature of the job before making hiring decisions based on criminal records.

Lookback Periods and Conviction Reporting Rules

The Seven-Year Rule Under the FCRA

The FCRA establishes a seven-year lookback period for certain types of negative information reported by consumer reporting agencies (CRAs). Under 15 U.S.C. Section 1681c, CRAs generally cannot report the following items if they are more than seven years old:

• Arrests that did not result in a conviction
• Civil suits and civil judgments
• Tax liens (from the date of payment)
• Accounts placed for collection
• Other adverse items (excluding criminal convictions)

This seven-year limit applies to background checks conducted by third-party screening companies for positions with an annual salary below $75,000.

No Time Limit on Criminal Convictions

Criminal convictions are a major exception to the FCRA lookback period. In Alaska, felony and misdemeanor convictions can be reported on a background check indefinitely, regardless of how old the conviction is or the salary of the position.

This means a conviction from 20 or 30 years ago may still appear on a background check in Alaska. There is no state law imposing a shorter lookback window for conviction records.

The $75,000 Salary Exception

For positions where the annual salary is reasonably expected to equal or exceed $75,000, even the FCRA seven-year reporting limit on non-conviction records does not apply. CRAs may report arrests, civil judgments, and other adverse information regardless of age for higher-paying positions.

FCRA Requirements for Alaska Employers

Since Alaska does not have a state-level employment screening statute, federal FCRA rules carry particular weight. Every employer in Alaska that uses a third-party CRA to conduct background checks must follow these steps.

Before the Background Check

Employers must provide a clear and conspicuous written disclosure to the applicant or employee, informing them that a background check may be conducted. This disclosure must be a standalone document, separate from the job application.

The applicant must provide written authorization consenting to the background check before it is initiated.

When Taking Adverse Action

If an employer decides not to hire, promote, or retain someone based in whole or in part on the results of a background check, the employer must follow the FCRA adverse action process:

1. Pre-adverse action notice. Before making a final decision, the employer must provide the individual with a copy of the background check report and a summary of their rights under the FCRA.

2. Waiting period. The employer must give the individual a reasonable amount of time (typically five business days) to review the report and dispute any inaccuracies.

3. Final adverse action notice. If the employer proceeds with the adverse decision, a second notice must be sent. This notice must include the name and contact information of the CRA that provided the report, a statement that the CRA did not make the adverse decision, and notice of the individual's right to obtain a free copy of the report and to dispute its accuracy.

Non-Discrimination Requirements

Background checks must comply with Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex, or national origin. The EEOC has stated that blanket policies excluding all applicants with criminal records can have a disparate impact on protected groups and may violate Title VII.

Employer Background Checks

What Employers Can Check

Alaska employers conducting background checks through a CRA or directly may review:

• Criminal conviction records (no time limit)
• Arrest records (seven-year limit for positions under $75,000)
• Employment and education verification
• Motor vehicle records
• Professional license verification
• Credit history (where relevant to the position)
• Sex offender registry status
• Drug testing results

Industry-Specific Requirements

Certain industries in Alaska require more rigorous screening. These mandates come from both state and federal law.

Healthcare and Human Services. Under Alaska Statutes AS 47.05.300 through AS 47.05.390, entities licensed, certified, or approved by the Alaska Department of Health (DOH) or the Department of Family and Community Services (DFCS) must conduct fingerprint-based criminal background checks through the Background Check Program (BCP). This program is administered through the New Alaska Background Check System (NABCS).

The BCP applies to workers in hospitals, clinics, long-term care facilities, home health agencies, assisted living facilities, childcare centers, foster care programs, and other programs serving vulnerable populations. Certain "barrier crimes" can permanently or temporarily disqualify individuals from employment in these settings. Permanent barriers typically include serious violent offenses, sexual offenses, and crimes involving abuse or neglect. Temporary barriers may last five to ten years from the date of conviction.

Education. Teachers, school staff, and other education professionals must undergo fingerprint-based background checks through the Alaska Department of Public Safety (DPS). Under AS 12.62.400, the DPS submits fingerprints to the FBI for a national criminal history record check.

Alcohol Licensing. Applicants for liquor licenses must submit to a national criminal history record check under AS 12.62.400.

Other Licensed Professions. The Alaska Division of Corporations, Business and Professional Licensing requires fingerprint-based background checks for eight professional categories: audiologists and speech-language pathologists, behavior analysts, collection agency operators, guardians and conservators, massage therapists, nurse aides, nurses, and physical and occupational therapists.

Housing and Tenant Background Checks

Landlord Rights in Alaska

Alaska landlords are permitted to conduct background checks on prospective tenants, including criminal history checks, credit checks, rental history verification, employment verification, and income verification. There is no state law restricting what landlords can review in a tenant screening report.

Consent and Fair Housing

Before running a background check, landlords must obtain written consent from the applicant, consistent with FCRA requirements if using a third-party screening service.

Alaska landlords must comply with both federal and state fair housing laws. Under the federal Fair Housing Act and the Alaska Human Rights Law (AS 18.80), landlords may not discriminate based on race, color, religion, sex, national origin, familial status, or disability. Alaska state law adds marital status and pregnancy as additional protected classes.

Several Alaska municipalities, including Anchorage, Juneau, and Ketchikan, also prohibit discrimination based on source of income in housing decisions.

Application Fees

Alaska law allows landlords to charge application fees to cover the actual and reasonable cost of conducting background and credit checks. Under the Alaska Landlord and Tenant Act, overcharging for application fees is prohibited. The fee must reflect the genuine expense of the screening process.

Adverse Action for Tenants

When denying a rental application based on a background check, landlords must provide an adverse action notice to the applicant. This notice must explain the reason for denial and include the name of the screening company used, consistent with FCRA requirements.

Professional Licensing Background Checks

Alaska requires fingerprint-based criminal background checks for a wide range of professional licenses. The process is governed by AS 12.62.400, which authorizes licensing agencies to require applicants to submit fingerprints to the Department of Public Safety.

Process and Fees

The Alaska DPS processes background check requests at its central repository for criminal justice information. Current fees include:

• Name-based background check: $20
• Fingerprint-based background check: $35
• Additional copies of results: $5 each

Fingerprinting services are provided by various approved locations throughout Alaska. The cost of having fingerprints taken is separate from the DPS processing fee and varies by provider.

Fingerprints must be submitted on a standard FD-258 card, printed in black or pale blue ink on cardstock. Cards with staples, tears, smudging, or incomplete prints will be rejected.

How Results Are Used

Licensing boards evaluate criminal history in the context of the specific profession. A conviction that bars someone from one profession may not necessarily prevent licensure in another. Each licensing board has its own standards for determining whether a criminal record disqualifies an applicant.

Alaska Court Records and Public Access

CourtView System

The Alaska Court System maintains CourtView, a publicly accessible online database that provides a statewide name index of trial court cases. Users can search by name to find case numbers, party names, and general case type information.

However, a CourtView search is not a criminal history records check. Important limitations include:

• Some court records never appear on CourtView
• Some records are removed after a time period set by statute, court rule, or court order
• Records of acquittals and dismissals may be removed from CourtView after 60 days under certain conditions

Official Criminal History Reports

For a complete, official criminal history report, individuals and authorized entities must contact the Alaska Department of Public Safety, Records and Identification Bureau. The DPS maintains the state central repository of criminal justice information under AS 12.62.

Record Relief Options in Alaska

Alaska offers very limited options for clearing or restricting access to criminal records. Understanding these options is important for anyone whose background check may be affected by a past criminal case.

Sealing for Mistaken Identity or False Accusation

Under AS 12.62.180, a person may request that the Department of Public Safety seal criminal justice information that resulted from mistaken identity or false accusation. The request must be submitted in writing to the head of the agency maintaining the records, and the requester must demonstrate beyond a reasonable doubt that the records resulted from misidentification or a false charge.

If the request is denied, the individual may appeal the decision to the courts. When records are sealed, the individual may legally deny the existence of the arrest, charge, or conviction shown in those records.

Sealed records may still be accessed for limited purposes: record management and auditing, criminal justice employment, review by the subject of the record, research and statistical purposes, preventing imminent harm, or uses authorized by statute or court order.

Set-Aside of Convictions

Under AS 12.55.085, Alaska courts may suspend the imposition of a sentence (known as a Suspended Imposition of Sentence, or SIS). If the defendant successfully completes the probation period, the court may set aside the conviction and issue a certificate to that effect.

Key details about the set-aside process:

• The set-aside requires consent of both the prosecuting attorney and the defendant
• The court changes the outcome to show the case was dismissed
• No affirmative showing of rehabilitation is required for a set-aside to be granted
• A set-aside should be granted as a matter of right unless a specific reason for denial exists

However, significant limitations apply. The following offenses are not eligible for a set-aside: serious violent offenses, stalking, removing a child from the state, human trafficking, sex offenses, and offenses involving the use of a firearm.

It is also important to note that a set-aside does not erase the criminal record. The arrest and original charge may still appear on a background check, though the record will reflect that the conviction was set aside.

Marijuana Conviction Record Sealing

In 2024, Alaska enacted HB 28, which restricts public access to certain marijuana-related conviction records. Under this law, codified at AS 12.62.160(b)(8) and (f), agencies are prohibited from releasing criminal records related to cases where a defendant was convicted of possessing less than one ounce of marijuana, provided the defendant requests that the records not be released.

The Alaska Court System removes qualifying marijuana conviction records from CourtView, the public online case database. While this removes the records from public view, it is not a formal expungement. The records still exist for purposes of authorized government background checks.

This law was enacted to reduce employment, housing, and social barriers for individuals convicted of low-level marijuana offenses that are no longer criminal under Alaska law following legalization.

Clean Slate Status in Alaska

Alaska has not enacted a Clean Slate law. Unlike states such as Pennsylvania, Utah, Michigan, Connecticut, Colorado, Oklahoma, Minnesota, and Maryland, Alaska does not provide for automatic expungement or sealing of criminal records after a waiting period.

As of early 2026, there is no pending legislation in the Alaska Legislature that would create a Clean Slate or automatic expungement program. Individuals seeking record relief in Alaska must pursue the limited options described above, such as the set-aside process or mistaken identity sealing.

For most people with criminal convictions in Alaska, the records will remain accessible on background checks indefinitely unless a set-aside is obtained or the conviction falls under the marijuana record sealing provision.

Recent Changes and Developments

Several recent developments have shaped the landscape of background check law in Alaska:

2024: Marijuana Record Sealing (HB 28). As described above, this law restricted public access to records of minor marijuana possession convictions, representing the most significant record relief expansion in recent Alaska history.

New Alaska Background Check System (NABCS). The Alaska Department of Health launched the NABCS, a modernized system for processing background checks for healthcare and human services workers. This system streamlines the process for entities required to conduct checks under AS 47.05.300 through AS 47.05.390.

Federal FTC and CFPB Enforcement. The Federal Trade Commission and Consumer Financial Protection Bureau have increased enforcement of FCRA requirements nationwide, resulting in significant penalties for CRAs and employers that fail to follow proper disclosure, consent, and adverse action procedures. Alaska employers should ensure their screening processes fully comply with current federal standards.

EEOC Guidance on Criminal Records. The EEOC continues to emphasize that blanket criminal record exclusion policies may violate Title VII. Employers in Alaska should conduct individualized assessments that consider the nature of the offense, the time elapsed, and the relevance to the position.

Frequently Asked Questions

Sources and References