Background Check Error Lawsuits in Alaska

Alaska has no state law that regulates employment or tenant screening companies. According to the Collateral Consequences Resource Center, it also has no general law limiting how employers or licensing boards consider convictions, and there is no statewide ban-the-box law for private employers. That means the federal FCRA sets most of the rules for Alaskans. Screening companies must use reasonable procedures to assure maximum possible accuracy, and employers must give you a copy of the report before taking adverse action.

Alaska's most distinctive rule involves the court system's public website. Under AS 22.35.030, the Alaska Court System may not publish a criminal case on its public website once 60 days have passed after an acquittal on all charges or the dismissal of all charges. Dismissals that were part of a plea deal in another case are not covered. The court system says qualifying cases should come off automatically, but some may be missed, and it offers a form to request removal. A screening company that copied the record before it came down may still have it.

Alaska does not offer broad expungement. A judge may set aside a conviction after a suspended imposition of sentence under AS 12.55.085, but a set-aside does not seal the record. Agency records can be sealed only in narrow cases, such as mistaken identity or false accusation, under AS 12.62.180. Because most records stay public, accuracy matters. A report that shows only the original charge, and leaves out a dismissal or set-aside, may be incomplete under the FCRA.

Where Alaska FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Alaska are heard in one federal district:

District of AlaskaCourthouses: Anchorage, Fairbanks, Juneau, Ketchikan, Nome.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Alaska laws that add to the FCRA

Court website limits for acquitted or dismissed cases (AS 22.35.030)
Bars the Alaska Court System from publishing a criminal case on its public website once 60 days have passed after acquittal on all charges or dismissal of all charges, with limited exceptions such as dismissals tied to a plea agreement in another case. Read it
Set-aside after suspended imposition of sentence (AS 12.55.085)
Lets a court set aside a conviction after a person successfully completes probation under a suspended imposition of sentence. A set-aside does not seal or erase the record, and many serious offenses are excluded. Read it
Suspended entry of judgment (AS 12.55.078)
Lets a court place some first-time felony defendants on probation without entering a judgment of guilt. If probation is completed, the charges are dismissed and the person is not convicted of a crime. Read it
Sealing of criminal justice records (AS 12.62.180)
Allows sealing of criminal justice agency records only in narrow situations, such as records that resulted from mistaken identity or false accusation. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Will a dismissed Alaska case still show up online?

It should come off the court system's public website 60 days after all charges are dismissed or you are acquitted, under AS 22.35.030, unless an exception applies. If it is still there, you can ask the court to exclude it. Private screening databases may still hold older copies, so a background report can still list it.

Does a set-aside remove my Alaska conviction from background checks?

No. A set-aside does not seal the record, so the case can still appear. But the report should be accurate and complete, so it may be incomplete under the FCRA if it shows the conviction without noting the set-aside.

Can an Alaska employer ask about my criminal history on the application?

In most cases, yes. Alaska has no statewide ban-the-box law for private employers. If the employer uses a background check company, the FCRA requires your written permission and a copy of the report before an adverse decision, and you can dispute errors with the company.

How long do I have to file an FCRA lawsuit in Alaska?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.