Notwithstanding 13 AAC 85.210(b)(1), 13 AAC 85.215(b)(1), 13 AAC 85.260(b)(1), or 13 AAC 85.270(b)(1), a person may be hired, and the council is not required to deny or revoke certification of a person, if the person clearly and convincingly establishes that, in connection with a conviction for a misdemeanor crime of domestic violence, the person

1. (1) was not represented by counsel and did not, by guilty plea or otherwise, knowingly and intelligently waive the right to counsel;
2. (2) was entitled to a jury trial, did not receive a jury trial, and did not, by guilty plea or otherwise, knowingly and intelligently waive the right to a jury trial; or

3. (3) is not currently under any condition of an expungement, conviction set aside, pardon, or restoration of civil rights that expressly provides the person may not ship, transport, possess, or receive firearms, and the conviction

   1. (A) has been expunged or set aside;
   2. (B) is for an offense for which the person has been pardoned; or
   3. (C) is for an offense for which the person has had civil rights restored that were lost upon the conviction.

(Eff. 7/15/98, Register 147; am 4/12/2001, Register 158)

Authority: AS 18.65.220, AS 18.65.242