An Act To Create a Post-judgment Mechanism To Provide Relief for a Person Whose Identity Has Been Stolen and Falsely Used in Court Proceedings
Maine Legislature, Session 124, LD 1179
Committee: judiciary

Legislative Document 
No. 1179 
H.P. 818 
House of Representatives, March 25, 
An Act To Create a Post-judgment Mechanism To Provide Relief 
for a Person Whose Identity Has Been Stolen and Falsely Used in 
Court Proceedings 
Reported by Representative PRIEST of Bnmswick for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-:-A, section 1354, subsection 2. 
Reference to the Committee on judiciary suggested and ordered printed under Joint Rule 
218. 
Printed LIn n:c-yckd pnpcr 
'111~ 1J1. 71ldC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MR'S'A c. 308 is enacted to read: 
CHAPTER 308 
POST-JUDGMENT MOTION WHEN PERSON'S IDENTITY HAS BEEN 
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STOLEN AND USED IN A CRIMINAL, CIVIL VIOLATION OR TRAFFIC 
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INFRACTION PROCEEDING 
§2181. .Application 
This chapter is not intend~d to and may.not be used to provide relief to a person who 
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' has stolen another person's identity and falsely used the identity in a criminal, civil 
violation or traffic infraction proceeding. , 
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§2182. Post-judgment motion for determination of factual innocence and correction 
of record 
1. Motion; persons who may file. A person who reasonably believes that the 
person's identity has been stolen imd falsely used by another in a criminal, Civil violation 
or traffic infraction proceeding in which a final judgment has been entered may file a 
written motion in the underlying criminal, civil violation or traffic infraction proceeding 
seeking a court determination offactual innocence and correction of the court records and 
related criminal justice agency records. The same motion may 'also be filed on behalf of 
such a person by an attorney for the State or by the court. 
2. Time for filing. A motion for determination of factual innocence and correction 
of record must be filed: 
A. By June 1, 2010 for a criminal, civil violation or traffic infraction proceeding 
finalized prior to the effective date of this section in which the person is aware that 
the person's identity had been stolen and falsely used by another; and 
B. One year from the date the person becomes aware that the person's identity has 
,been stolen and falsely used by another in a criminal, civil violation or traffic 
infraction proceeding finalized after the effective date of this sectiori. 
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§2183. Motion and hearing; process 
1. Filing motion. A motion filed ,pursuant to section 2182 must be filed in the 
underlying criminal, civil violation or traffic infraction proceeding. The appropriate chief 
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judge or justice shall specially assign the motion. The judge or justice to whom the 
motion is assigned shall determine upon .whom and how service of the motion is to be ' 
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made and enter an order in this regard. 
2. Counsel. If the court finds that the person who files the motion under section 
2182 or on whose behalf the motion is filed is indigent, the court may appoint counsel for 
the person at any time during the proceedings under this chapter. 
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3. Representation of the State. The prosecutorial office that represented the State 
in the underlying criminal, civil violation or traffic infraction proceeding shall represent 
the State for purposes of this chapter. If the underlying criminal, civil violation or traffic 
infraction proceeding was disposed of without the appearance of an attorney for the State, 
the office of the District Attorney in whose district the crime, civil violation or traffic 
infraction was committed shall represent the State for purposes of this chapter. On a 
, case-by-case basis, a different prosecutorial office may represent the State on agreement 
between the 2 prosecutorial offices. 
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4. Evidence. The Maine Rules of Evidence do not apply to the hearing on the 
motion under this section, and evidence presented at the hearing by the participants may, ' 
include testimony, affidavits and other reliable hearsay evidence as permitted by the 
court.' 
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5. Hearing; certification of results. The judge or justice to whom the motion was 
assigned pursuant to subsection 1 shall hold a hearing on the motion under this section. 
At the conclusion of the hearing,' if the court finds that the person who filed the motion 
under section 2182 has established by. clear and convincing evidence relative' to a 
criminal proceeding or by a preponderance of the evidence relative to a civil violation or 
traffic infraction proceeding that the person is not the person who committed the crime, 
civil violation or traffic infraction, the court shall find the person factually i'nnocent of 
that crime, civil violation or traffic infraction and shall issue a written order certifying 
this determination. If at the conclusion of the hearing the court finds otherwise as to the 
motion, the court shall deny the motion and shall issue a written order certifying this 
determination. The order must contain written findings of fact supporting the court's 
decision granting or denying the motion. A copy of the court's written order granting or 
denying the 'motion must be provided to the person. 
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6. Correction of the record. If the court grants the motion following the hearing in 
subsection 5, it shall additionally determine what court records and related criminal 
justice records require correctIon and shall enter a: written order specifying the corrections 
to be made in the court records and the records of each of the appropriate crim inal justice 
agencies. 
7. Subsequent discovery of fraud or misrepresentation. If the court that has 
,issued an order certifying a determination of factual innocence pursuant to subsection 5 
subsequently discovers that the motion or information submitted in support of the motion 
may contain material misrepresentation or fraud, the court may, after- giving notiCe to the 
participants, hold a hearing. At the conclusion of the hearing, if the court finds by a 
preponderance of the evidence the existence of material misrepresentation or fraud, it 
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may, by written order, vacate its earlier order certifying a determination of factual 
innocence and modify accordingly any record . correction earlier made pursuant to 
subsection 6. The written order must contain findings offact supporting its decision to 
vacate or not to vacate. 
§2184. Review of determination of factual innocence; review of subsequent vacating 
of determination 
A final hidgmententered under settion 2183, subsectionS ~r 7 ;nay be reviewed by 
the Sllprenie JudiCial COlJli sitting as the Law Couli. 
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1. Appeal by the person. A person aggrieved by the final judgment under section 
'2183, subsectior; 5 or 7 may not appeal as of right. The time for taking the appeal and the 
mannerand any conditions for the taking ofthe appeal are as the Supreme Judicial COUJi 
provides by rule. 
2. Appeal by the State. If the State is aggrieved by the final judgment under section' 
2183, subsection 5 or 7, it may appeal as of right, and a celiificate of approval by the 
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Attorney General is ,not required. The time for taking the appeal and the manner and any 
conditions.for the taking of the appeal are as the Supreme Judicial Court provides by rule. 
SUMMARY 
This bill is proposed by the Criminal Law Advisory Commission. 
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This bill provides for a' comprehensive post-judgment method· of relief when a 
person's identity has been stolen and falsely used by another person in a criminal, civil 
violation or traffic infraction proceeding. 
The final outcome'in that proceeding is 
immaterial. The relief offered is a court determination of factual innocence and the 
correction of the court records and related criminal justice agency records. This bill does 
not provide relief to a person who has stolen another person's identity and falsely used it 
in a criminal, civil violation Or traffic infraction proceedi·ng. 
.. The relief process commences with the filing of a post-judgment motion in the 
underlying proceeding seeking a court determination of factual innocence and the 
correction of the court records and related criminaljustice agency records. A person who 
reasonably believes that the person's identity has been stolen and falsely used by another 
person may file the post-judgment motion, or an attorney for the State or the court may 
file the motion on the person's behalf. There isa one-year statute of limitations on the 
filing of a motion. Once the motion is filed, it must be specially assigned to a judge or 
justice who shall determine upon whom and how sef\iice of the motion is to be made and 
enter an order in this regard. If the judge or justice finds thy person to be indigent, the 
court may appoint counsel for the person at any time during the proceedings. A hearing 
on a timely motion must be held by the judge or justice. The Maine Rules of Evidence do 
not apply, and evidence presented at the hearing may include testimony, affidavits and 
other reliable hearsay evidence as permitted by the judge or justice. At the hearing the 
burden is on the movant to· establish by clear and convincing evidence relative to a 
criminal proceeding or bya preponderance of the evidence relative to a civil violation or 
traffic infraction proceeding that the person is factualiy innocent of that crime, civil 
violation or traffic infraction. If the movant satisfies the appropriate burden of proof, the 
judge or justice must find the person factually innocent of that crime, civil· violation or 
traffic infraction and issue an order certifying this determination. If the movant fails to 
satisfy the appropriate burden· of proof, the judge or justice must deny the motion and 
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issue an order celiityillg this determination. Under either outcome, the order must be in 
writing and must contain findings of fact SuppOliing the judge's or justice's decision 
granting or denying the motion. A copy of that written order must be provided to the 
person. If the judge or justice grants the. nlotion, the judge or justice must additionally 
determine what cOllli records and related crimihal justice records require correction and 
enter a written order specitying the corrections to be made in the court records and the 
records of each of the related criminal justice agencies. 
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If, subsequent to granting relief, a judge or justice learns that the motion or 
information submitted in SUppOli of the motion may contain material misrepresentation or 
fraud, the judge or justice may, after proper notice, hold a hearing. At the conclusion of 
the hearing, if the judge or justice finds by a preponderance of the evidence the existence 
of material misrepresentation or fraud, the judge or justice may, by written order, vacate 
the earlier order celiitying a· determination of factual innocence and modity accordingly 
any record correction made earlier. The written order· must contain findings of fact 
SuppOliing the judge's or justice's decision to vacate or not to vacate. 
If the person or the State is aggrieved by a final judgrpent, the person or the State 
may appeal"to the law COllli. The person's appeal, unlike that of the State, is not of right.