Out of state convictions can be used to enhance a present Alaska convictions.


It is essential that your attorney investigate any out of state prior convictions. I have seen instances in which an attorney did not do so, and it had a huge negative impact on the case.


First, it is up to the State to provide proof of the out of state prior conviction. The State cannot simply rely on the NCIC rap sheet printout. By law, you have the right to make the State obtain authenticated copies of court records to prove the prior conviction. If the State does not, the conviction cannot be used.


Second, the out of state conviction must have been under a similar law to Alaska. Over the years, I have mounted many successful challenges to out of state prior convictions because of differences between Alaska law and the other states.