ACBHC Barrier Crimes Page 1

Barrier Crimes:

Evaluation of Misdemeanors & Felonies

There are number of criminal offenses (convictions) which would bar an applicant from being certified by ACBHC,
and others which need to be evaluated as to classification and length of time since conviction regarding the
potential for certification.

The individual evaluation process is primarily based on the truthfulness and completeness
of the information provided by and through the applicant.

Specifically the applicant needs to provide as much information as is possible to evaluate the
nature of the criminal activity, legal outcome, and time that has since elapsed.

The following are definitions of conviction classification:

Class A felonies characteristically involve conduct resulting in serious physical injury or a substantial risk of serious physical injury to a person.

Class B felonies characteristically involve conduct resulting in less sever violence against a
person than Class A felonies, aggravated offenses against property interests, or aggravated offenses against public administration or order.

Class C felonies characteristically involve conduct serious enough to deserve felony classification
but not serious enough to be classified as A or B felonies.

Class A, B & C misdemeanors characteristically involve conduct indicating some risk of harm to a person, minor offenses
against property interests, minor offenses against public administration or order, of minor offenses against
public health and decency. The following are to be used as guidelines for determining
whether or not an applicant with criminal convictions can be certified by ACBHC.

The criminal convictions and classifications are broken down into levels that include 2-year, 5-year, 10-year and
categorical (absolute) barriers to certification. Where applicable, the year number of the barrier is from the date of conviction.
Other convictions should not be considered in evaluating certification eligibility, unless there is a continuing and ongoing history of criminal behavior.

2-Year Barrier to Certification: (crimes under the following, or a similar law of another jurisdiction)
AS 11.46.320. Criminal trespass in the 1st degree (Class A misdemeanor)
AS 11.46.330. Criminal trespass in the 2nd degree (Class B misdemeanor)
AS 11.46.430. Criminally negligent burning (Class A misdemeanor)
AS 11.46.484. Criminal mischief in the 3rd degree (Class A misdemeanor)
AS 11.46.486. Criminal mischief in the 4th degree (Class B misdemeanor)
AS 11.56.740. Violating a protective order (Class A misdemeanor)
AS 11.61.220(a)(2)-(4). Harassment (Class B misdemeanor)
AS 47.30.815 Limitation of liability; bad faith application; willful initiation of an involuntary civil commitment procedure without having good cause (miscellaneous felony)
AS 28,35.030(n). Operating a vehicle, aircraft, or watercraft while intoxicated (if the person convicted of driving while intoxicated has been previously convicted one time within the previous two years).
5-Year Barrier to Certification: (crimes under the following, or a similar law of another jurisdiction)
AS 11.31.100. Attempted to commit a crime (if the crime attempted is a class B felony)
AS 11.31.110. Solicitation to commit a crime (if the crime solicited is a class B felony)
AS 11.31.120. Conspiracy (if the object of the conspiracy is a crime punishable as a class B felony)
AS 11.46.130. Theft in the 2nd degree
AS 11.46.220. Concealment of merchandise (if the merchandise is a firearm, or the value of the merchandise is $500 or more, or the person has been previously convicted and sentenced on two or more separate occasions for the same crime)
AS 11.46.260. Removal of identification marks (if the value of the property on which the serial number of identification mark appeared is $500 or more)
AS 11.46.270. Unlawful possession (if the value of the property on which the serial number of identification mark appeared is $500 or more)
AS 11.46.280. Issuing a bad check (if the face amount of the check is $500 or more but less than $25,000)
AS 11.46.285. Fraudulent use of an access device (if value is $500 or more but less than $25,000)
AS 11.46.310. Burglary in the 2nd degree
AS 11.46.360. Vehicle theft in the 1st degree
AS 11.46.482. Criminal mischief in the 2nd degree
AS 11.46.505. Forgery in the 2nd degree
AS 11.46.520. Criminal possession of a forgery device
AS 11.46.530. Criminal simulation (if value is $500 or more)
AS 11.46.550. Offering a false instrument for recording in the 1st degree (if the value of the property misapplied if $500 or more)
AS 11.46.620. Misapplication of property (if the value is $500 or more)
AS 11.46.630. Falsifying business records
AS 11.46.660. Commercial bribe receiving
AS 11.46.670. Commercial bribery
AS 11.46.710. Deceptive business practices (felony if the person uses the Internet or a computer network to commit the offense)
AS 11.46.730. Defrauding creditors (if the loss is $500 or more but less than $25,000)
AS 11.46.740. Criminal use of computer
AS 11.56.230. Perjury by inconsistent statements
AS 11.56.320. Escape in the 3rd degree
AS 11.56.370. Permitting an escape
AS 11.56.375. Promoting contraband in the 1st degree
AS 11.56.540. Tampering with a witness in the 1st degree
AS 11.56.590. Jury tampering
AS 11.56.600. Misconduct by a juror
AS 11.56.610. Tampering with physical evidence
AS 11.56.705. Harming a police dog in the 1st degree
AS 11.56.770. Hindering prosecution in the 1st degree
AS 11.56.810. Terroristic threatening
AS 11.56.815. Tampering with public records in the 1st degree
AS 11.56.835. Failure to register as a sex offender or child kidnapper in the 1st degree
AS 11.61.100. Riot
AS 11.61.145. Promoting the exhibition of fighting animals (owns, possess, keeps, trains, instigates, promotes or has intent or interest)
AS 11.61.160. Recruiting a gang member in the 1st degree
AS 11.61.200. Misconduct involving weapons in the 3rd degree
AS 11.61.240. Criminal possession of explosives (if intended crime is a class B felony)
AS 11.61.250. Unlawful furnishing of explosives
AS 11.66.120. Promoting prostitution on the 2nd degree
AS 11.66.210. Promoting gambling in the 1st degree
AS 11.66.230. Possession of gambling records in the 1st degree
AS.11.71.040. Misconduct involving a controlled substance in the 4th degree (except as provided in AS 11.73.030.)
AS 11.73.010. Manufacture or delivery of an imitation controlled substance
AS 11.73.020. Possession of substance with the intent to manufacture
AS 11.73.040. Advertisement to promote the delivery of an imitation controlled substance
AS 28,35.030(n). Operating a vehicle, aircraft, or watercraft while intoxicated (if the person convicted of driving while intoxicated has been previously convicted two or more times within the previous five years)

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