Expungement of Criminal Records in the State of Maine

 

If you are arrested and charged with a crime in Maine, it is something that will go on your permanent criminal record, even if you ultimately are not found guilty of the crime. That may not seem like a big deal, but consider this: every time anyone does a background check on you, your criminal record will show up and they will learn of your arrest. Who does background checks? Employers. Potential landlords. Credit card companies. Banks. Do you think that employers are as likely to hire you, or landlords will be as willing to have you as a tenant if they see you as a criminal? And you’ll likely be considered a higher risk by credit card companies and banks if you’re seeking a loan, so there’s a pretty good chance you could be turned down. In short, having a criminal record can make seemingly simple things in life pretty difficult if you’re just trying to move on or start over.

 

Luckily, the federal government also saw this as a problem and decided to allow its citizens the ability to remove some crimes in some circumstances from their criminal record via a legal process called expungement. States have their own rules on this, and some of them have outlawed the procedure completely, but thankfully Maine is not one of those states.

 

What is Maine expungement and how does it work?

 

If the specific circumstances of the charges against you qualify for expungement in Maine, the record of the crime will be eliminated from the view of the public and from law enforcement officials. After expungement, only government officials who have received a special allowance by the court will be able to access your records, and only for certain outlined reasons, such as you deciding to apply to the United States armed forces or run for public office.

 

Maine records are sealed, not destroyed

 

Essentially, the state of Maine seals your records away rather than destroying them outright. Barring the records from public view means that you won’t have problems with anyone seeing your charges when you attempt any of the aforementioned things like applying for jobs, housing, or credit. And because some licenses for professional organizations require background checks as well, expunging your record will help out there as well. This applies to juveniles as well as adults in Maine.

 

One other thing that is important to note is that expunging a record does not mean that it goes away or that the court will forget about it. If you are later charged with another crime, sealed or expunged records are legally allowed to be used as prior offenses, meaning that your current crime can be punished more harshly than if it was the first time you had been charged.

 

Who is eligible for Maine record sealing?

 

Generally speaking, Maine divides those eligible for the sealing or expungement of their record into three groups. Group one consists of juvenile offenders for whom three years or more have passed since their release and completion of the required sentence for their crime as a minor. Group two includes those who have not been convicted of any crime as an adult, and also have committed no further crimes as a juvenile since the date of their disposition. Group three is individuals who are not undergoing any current adjudicatory proceedings that have been categorized as crimes – either juvenile or adult.

 

If a person’s crime falls into one of these three categories, they are eligible for expungement and should petition the court, making sure to include and complete all necessary paperwork. The court will then look over the facts of the case and determine whether or not expungement should be granted.

 

It is quite possible that the petition will be denied, since it is up to the discretion of the court, and Maine is known as a state that rarely allows records to be sealed through expungement. One reason for denial, following Maine Law 3308, could be that the court believes it to be a greater benefit for society to have open access to the information than for the individual to be able to seal it away.

 

Are there ways besides expungement to clear your record in Maine?

 

Because expungement is not easily obtained in Maine, the state does offer other options to clear your record – executive clemency and pardons. If you are able to receive a pardon for your charge, your record will be deemed a “non-conviction,” and will only be allowed to be accessed under special circumstances. Normal misdemeanors and normal felonies can apply for pardons through the Maine Pardon Board, but offenses related to driving under the influence have been designated as unpardonable (and unexpungeable) under Maine law.

 

Section 611 and Section 622 in Title 16 of the Maine Revised Statutes Annotated contain the state’s pardoning laws. Executive clemency laws in Maine lie under Section 11 in Article V's first portion in the Maine Constitution. Maine's Secretary of State can provide further information on how to obtain a certificate of rehabilitation or executive clemency.

 

What happens when a record is sealed?

 

Once an expungement, pardon, or executive clemency has been granted and records are to be sealed, all records relating to the juvenile crime and any information surrounding the crime itself is eligible to be sealed. This should also include any prior juvenile records and information associated with them.