Barrier Crimes in Alaska: Types, Conditions, and Variances

Barrier crimes in Alaska are specific criminal convictions — and a handful of civil findings — that disqualify you from working, volunteering, or serving on the board of any provider licensed, certified, or funded by the Alaska Department of Health or the Department of Family and Community Services. The list and the disqualification periods live in 7 AAC 10.905, with the underlying authority at AS 47.05.310.¹ A barrier lasts three years, five years, ten years, or permanently depending on the offense. A variance is the only administrative route around one.

Permanent Barriers

Permanent barrier crimes carry no expiration. The clock never runs out. Under 7 AAC 10.905(b), the permanent list — which also covers attempt, solicitation, and conspiracy to commit any of these — includes:²

Any unclassified, Class A, or Class B felony under AS 11.41 (murder, manslaughter, sexual assault, kidnapping, robbery, and related offenses against a person)
Any felony under AS 11 involving domestic violence
Any felony where the victim was under 18
Assault in the third degree (a Class C felony specifically called out)
Arson in the first or second degree
Endangering the welfare of a child in the first degree, and endangering the welfare of a vulnerable adult in the first or second degree
Any offense classified as a sex offense under AS 12.63.100, including indecent viewing, distribution of child pornography, and failure to register
Sex trafficking in any degree where the victim was under 18

One narrow exception: if the conviction was a juvenile adjudication, the permanent barrier becomes a 10-year barrier measured from your 18th birthday.²

Ten-Year Barriers

Ten-year barriers run from the date of conviction. Offenses in this tier include:²

Stalking in the first degree (AS 11.41.260)
Theft in the first degree (AS 11.46.120)
Burglary in the first degree (AS 11.46.300)
Misconduct involving a controlled substance in the first, second, or third degree
Promoting or engaging in prostitution
Perjury

Five-Year Barriers

The five-year tier is where the biggest surprise sits. Any felony that isn’t specifically listed as a permanent or 10-year barrier defaults to a five-year barrier.³ If you have a felony conviction and don’t see it in the tiers above, assume it’s covered here.

Specifically listed five-year barriers include:²

Assault in the fourth degree (Class A misdemeanor)
Reckless endangerment
Stalking in the second degree
Custodial interference in the second degree
Theft in the second degree, plus other Class C felony property crimes such as burglary in the second degree, vehicle theft, and forgery in the second degree
Criminal trespass, criminally negligent burning, and criminal mischief when charged as crimes involving domestic violence

Three-Year Barriers

Three years is the shortest barrier period. Offenses include:²

Theft in the third degree (AS 11.46.140)
Forgery in the third degree
Criminal nonsupport (Class A misdemeanor)
Criminal possession of explosives (Class A misdemeanor)
First-degree criminal trespass, criminally negligent burning, and fourth-degree criminal mischief when involving domestic violence
Violating a protective order involving domestic violence
Interfering with a report of domestic violence

Barrier Conditions: Disqualification Without a Conviction

You can be disqualified even if you’ve never been convicted of anything. Alaska’s regulations call these “barrier conditions,” and they carry a 10-year barrier at minimum.⁴ The triggers are:

Placement on the federal Office of Inspector General’s List of Excluded Individuals and Entities (LEIE)
Placement on Alaska’s Medical Assistance Excluded Provider List
Being listed on the Dru Sjodin National Sex Offender Public Website, Alaska’s Sex Offender/Child Kidnapper Registry, or an equivalent registry in another state
A court or agency civil finding of abuse, neglect, or exploitation of a child or vulnerable adult; if parental rights were relinquished or terminated as part of the finding, the barrier becomes permanent

Where a federal disqualification standard (for example, under Medicaid or foster care rules) is more stringent than Alaska’s, the stricter standard controls.⁴ The federal LEIE itself carries a minimum five-year ban for healthcare fraud, patient abuse or neglect, and felony controlled substance convictions, rising to ten years on a second offense and permanent on a third.⁵

Out-of-State and Federal Convictions

Moving to Alaska doesn’t reset anything. Every tier in 7 AAC 10.905 reaches convictions under “a law or ordinance of this or another jurisdiction with similar elements.”² The department compares the elements of the out-of-state or federal offense against the nearest Alaska equivalent and applies that barrier period. The background check runs both an Alaska Department of Public Safety records search and an FBI fingerprint check, so out-of-state history surfaces.¹

What Happens When a Barrier Is Found

If the check turns up a barrier crime or condition, the department sends you a written notification identifying the specific barrier, the applicable barrier period, and your right to request a variance or redetermination. The provider gets a separate notice that you’re not eligible for a valid background check.⁶

Once that provider notice arrives, you have 24 hours before the provider must terminate your association with the facility. The one exception: if a variance or redetermination request has already been filed, you can stay on, but only away from direct contact with service recipients and only under direct supervision whenever you’re in areas where services are delivered.⁶

Your employer cannot override this. The disqualification is a state administrative determination, not a judgment call the provider gets to make.

Requesting a Variance

A variance is the main way to overcome a barrier crime or condition, including a permanent one. Either you or the provider can file. The request goes to the oversight division responsible for the facility’s licensing and must be filed within 90 days after the barrier notification (or within 90 days after a redetermination is denied, whichever is later).⁷

The application asks for detailed personal statements: the circumstances of the barrier crime, every step you’ve taken to prevent a repeat, and candid treatment of any contributing factors like substance use or mental health concerns. Letters of recommendation and documentation of completed treatment strengthen the file.⁸

A variance review committee weighs the request against specific criteria:⁹

Whether conditions of parole or probation were met
Whether court-ordered restitution has been paid or payments are current
Compliance with or completion of court-required treatment
For financial offenses like theft, fraud, or bribery, whether your actual duties make exploitation unlikely
For abuse or neglect offenses, whether your duties make similar harm unlikely
Time elapsed since the barrier crime
Whether you’ve worked for a provider for a substantial period and performed responsibly

Permanent barrier crimes get extra scrutiny. The committee also looks at mitigating circumstances at the time of the offense, your full education and work history, and whether a variance was ever previously granted for the same conviction.⁹ If the committee concludes that the health, safety, and welfare of service recipients will be adequately protected, it recommends approval to the Commissioner or a designee.

A granted variance can be revoked if you violate its terms, or if you’re later charged with or convicted of a new barrier crime.

If the Report Itself Is Wrong

Alaska’s background check pulls criminal history from third-party records, so the federal Fair Credit Reporting Act applies alongside the state process. Before an employer takes adverse action based on a background report, they must give you a copy of the report and a written summary of your FCRA rights.¹⁰ If the report shows a conviction that isn’t yours, a dismissed charge treated as a conviction, or a record that should have been sealed, dispute it with the consumer reporting agency immediately. That’s a separate safeguard from the state’s redetermination and variance tracks, and it’s worth using when the underlying facts are wrong rather than the legal application of them.

1
Justia. Alaska Code 47.05.310 – Criminal History; Criminal History Check; Compliance
2
Legal Information Institute. Alaska Administrative Code 7 AAC 10.905 – Barrier Crimes and Conditions
3
Alaska Department of Health. Barrier Crimes Matrix for the Barrier Crimes Listed in 7 AAC 10.905
4
Alaska Department of Health. Alaska Administrative Code 7 AAC 10.905 – Barrier Crimes and Conditions
5
Office of Inspector General. Exclusions Authorities
6
Alaska Department of Health. Alaska Administrative Code 7 AAC 10.915 – Background Check
7
Alaska Department of Health. Alaska Administrative Code 7 AAC 10.930 – Request for a Variance
8
Alaska Department of Health. Background Check Variance Request Application
9
Alaska Department of Health. Alaska Administrative Code 7 AAC 10.935 – Review of Request for a Variance
10
Office of the Law Revision Counsel. 15 USC 1681b – Permissible Purposes of Consumer Reports