Criminal Record Restrictions
What may be reported on an Alaska criminal history search?
Jurisdiction where record
of offense, e.g. misdemeanor
The state of Alaska has no major restrictions on the information that can be reported in background checks. The state allows employers to inquire about criminal history at any point in the application stage. Currently, Alaska doesn’t have
ban the box legislation, nor is there any being considered in the state, so pre-screening for a criminal record is allowed at the application stage. There are a few common restrictions to look out for that may apply to a background check in Alaska.
Sealed or expunged records can’t be used to make hiring decisions and shouldn't be returned by a state background check. Similarly, court records that have been sealed are off-limits. It’s not illegal to withhold information about an expunged record, so applicants aren’t required to report this information if the record is sealed or expunged.
Non-conviction & Correctional Treatment:
Conviction records are available to all who inquire, but arrest records that didn’t result in a conviction as well as enrollment in correctional treatment programs can only be reported in specific circumstances (AK Stat. Sec. 12.62.160). Basically, if you can show a legitimate business purpose for requesting this information, or work in an industry that mandates a more extensive background check -- such as healthcare -- you can get this information as well.
Mandatory Background Checks:
Many positions in Alaska require background checks, including EMS personnel, individuals working in elder care, school employees, and school bus drivers. Recently, Alaska also mandated background checks for psychologists to obtain a license.
In addition to a criminal background check, in Alaska, you can find reports on a candidate's credit history, driving record, and more if it’s relevant to your hiring decision. Just specify what you’re looking for and backgroundchekcs.com can include this additional information.
Finally, keep in mind that unless required by another statute or executive order, Title VII of the US Civil Rights Act prohibits blanket policies against accepting applications or hiring anyone with a criminal conviction. Such decisions should instead be made on an individual basis. The Equal Employment Opportunity Commission (EEOC) recommends considering such factors as the severity of the offense, how long ago it occurred, and the relevance of the offense to job requirements and duties.