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Alaska

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal habeas corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions for an acquittal, to withdraw the plea, to be resentenced, or for a new trial based on new evidence or problems with how the case has been handled.
  • Victims can receive information about post-trial motions from the district attorney’s office in the county where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-trial motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Alaska Department of Law’s Office of Criminal Appeals represents the State on direct appeal. Victims may contact the Office of Criminal Appeals via email at ocapleadings@alaska.gov or phone at 907-269-6260. Appellate case information can be found on the Alaska Appellate Courts website.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed and filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Alaska Department of Law’s Office of Criminal Appeals represents the state in state post-conviction and habeas corpus proceedings. Victims may contact the Office of Criminal Appeals via email at ocapleadings@alaska.gov or phone at 907-269-6260.

Federal habeas corpus

After seeking post-conviction relief in state court, a person convicted under Alaska law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Alaska Department of Law’s Office of Criminal Appeals represents the state in federal post-conviction and habeas corpus proceedings. Victims may contact the Office of Criminal Appeals via email at ocapleadings@alaska.gov or phone at 907-269-6260.

Early Release Programs

These programs can include parole, medical parole, geriatric parole, or earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Alaska, including parole, special parole for medical reasons or advanced age, or earning days off their sentences (called “good-time credits”) for good behavior. Good-time credits are not available to people convicted of certain violent, sexual, or felony offenses.
  • Alaska has two victim notification programs: notification through the Department of Corrections and notification through the automated victim information system (VINE). To receive notification about an incarcerated individual’s furlough, discretionary parole, medical parole, revocation of parole, escape, and request for sentence modification, victims should fill out and submit a Victim’s Right to Notification form on the Department of Corrections website. Victims should also sign up for VINE. For assistance and questions, victims can contact the Victim Service Unit of the Department of Corrections at 907-269-7384 or 877-741-0741.

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.
  • The governor can grant clemency to people convicted under Alaska law. The Board of Parole helps the governor in this process. Clemency in Alaska typically takes one of three forms: a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence), or a reprieve (which provides temporary relief from a person’s sentence).
  • To receive notification about an incarcerated individual’s application for clemency and request for sentence modification, victims should fill out and submit a Victim’s Right to Notification form on the Department of Corrections website. Victims should also sign up for VINE. For assistance and questions, victims can contact the Victim Service Unit of the Department of Corrections at 907-269-7384 or 877-741-0741.

Victims Rights
Post-Conviction

In Alaska, victims have the right to:
  • Speak with the prosecution
  • Be protected from the person convicted of a crime
  • Be treated with dignity, respect, and fairness
  • Privacy and, in sexual assault and kidnapping cases, confidentiality of their name and address
  • Timely resolution of the case
  • Notification of all criminal proceedings where the convicted individual has a right to be present*
  • Be present at all criminal proceedings where the convicted individual has a right to be present
  • Be heard at any proceeding where an incarcerated individual’s release from custody is considered
  • Be informed of the person convicted of a crime’s escape or release from custody*
  • Request restitution and apply for crime victim’s compensation

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Alaska Violent Crimes Compensation Board (VCCB) reimburses victims for expenses related to the crime, such as healthcare, lost wages, and funeral expenses.
  • For assistance with restitution, victims can contact the victim/witness paralegal at the district attorney’s office where the crime happened. Victims may visit the Alaska Violent Crimes Compensation Board (VCCB) website to apply for compensation and to access additional information. Victims must apply for VCCB compensation within two years of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Alaska

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