A criminal conviction usually appears on criminal records for life in Maine, potentially impacting the individual’s employment, education, travel, housing, immigration status, and more.
However, certain low-level misdemeanor convictions can be sealed, meaning that they do not show up on most background checks. For instance, those convicted of marijuana-related offenses have the right to apply to the Maine courts to seal the records related to their convictions, as marijuana was decriminalized in the state in 2017.
Law changes made in Maine in August 2024 amended the eligibility criteria for sealing convictions, making it easier for those convicted of certain offenses, and reducing the impact on their futures.
The changes amended two main elements of the laws:
- Removal of the age-related prerequisite for sealing criminal history.
- Allowing people to apply to get their criminal histories sealed for marijuana crimes that are now no longer criminal offenses.
Other proposals exist to adjust criminal record sealing eligibility in Maine and potentially allow automatic record sealing for convictions for decriminalized acts. Let’s look at the relevant laws as they stand now and how sealing criminal convictions works.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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Difference Between Sealing and Expunging Criminal Records in Maine
In Maine, criminal records cannot generally be expunged or completely erased from the record, as in some states. However, if the court grants a pardon, as it may in exceptional cases, the conviction records are erased, so that no entity or agency can access them (similar to an expungement).
Limited court powers also exist to seal some adult criminal records and erase them from public view if:
- The person is aged 18-21 and convicted of a Class E crime or selected Class D crimes (the least severe misdemeanor offenses).
- A valid petition for conviction record sealing has been received.
Each criminal record may contain both “public criminal history record information” and “confidential criminal history information”. This can only be accessed by specific agencies and entities. The type of information visible on criminal records that have not been sealed includes:
- All summons and arrest information.
- Records that detail the prosecution process.
- Records that show that the court postponed or dismissed proceedings due to the mental state of the defendant.
- Dismissed charges.
- Acquittals, not including insanity pleas.
Do Sealed Records Show Up in Maine Background Checks?
If a record is sealed, it usually means that the record is not visible to the public, such as in employer background checks. However, it is usually still available to law enforcement agencies and some professional licensing agencies.
In other words, the court will remove all information considered non-conviction data to make the personal information unavailable upon public records requests, but authorized personnel within law enforcement agencies will still be able to view the conviction data.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
How to Seal a Criminal Record in Maine
In Maine, the State Bureau of Identification (“SBI”) keeps track of criminal records. To check whether you have a criminal record, you can apply here to download a report.
When we refer to “removing” criminal records in Maine, it is the same as sealing records. Eligible candidates can fill out a Petition for Executive Clemency form and file a motion requesting that the court seal parts of the record.
To be eligible for record sealing, the individual must have waited four years since finishing any sentence imposed, received no new criminal convictions since that time, and have no convictions pending.
Generally, applicants also need a valid reason for sealing the record, as well as meeting all of the eligibility criteria. Once a record is sealed, the individuals concerned can indicate they do not have a criminal record to employers, etc.
The only other way to remove a criminal record from the Maine SBI database is through a pardon by the Governor. However, pardons are extremely rare and, if you think you are eligible, it is best to check with a criminal defense lawyer before venturing too far down this route.
What types of criminal offenses can be sealed in Maine?
Only Class E crimes and certain Class D crimes are eligible for record sealing in Maine. Examples of eligible Class E crimes that may be subject to record sealing include:
- Operating on a suspended license
- Theft of less than $1,000
- Prostitution
- Disorderly conduct
- Criminal trespass
- Public intoxication
- Driving to endanger
- Online harassment
These non-violent, low-level misdemeanors can still result in up to six months’ incarceration and a $1,000 fine. Some Class E sexual assault convictions are excluded from this list and cannot be sealed.
Depending on the date of the conviction, some Class D marijuana-related crimes listed under Title 17-A, section 1105-D of the Maine Statutes may also qualify for record sealing. The eligibility for record sealing only applies if the crime was committed before January 30, 2017 (when marijuana was decriminalized in Maine).
Aggravated trafficking, furnishing or cultivation of scheduled drugs, as well as aggravated cultivation of marijuana and unlawful possession of a scheduled drug (marijuana) are examples of Class D offenses that have become eligible for record sealing with the law changes. No Class A, B, or C crimes (classified as felonies in Maine) are eligible for record sealing in Maine.
Given the limited options available for sealing criminal conviction records in Maine, the best strategy is to avoid a conviction altogether by working with a seasoned criminal defense lawyer as soon as you are aware of the charges against you. This will increase your chances of having the charges dismissed or downgraded, or securing an acquittal.
For experienced legal help and support with a petition for sealing a criminal conviction or a pardon, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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