An Act To Allow a Person Who Is 21 Years of Age or Older To Expunge Certain Criminal Convictions
Maine Legislature, Session 126, LD 0549
Committee: Judiciary
Sponsors: WELSH, PLUMMER, LONG, BOYLE, SAVIELLO
Amends: 15 MRSA §2168

Legislative Document 
No. 549 
H.P. 368 
House of Representatives, February 19, 2013 
An Act To Allow a Person Who Is 21 Years of Age or Older To 
Expunge Certain Criminal Convictions 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative WELSH of Rockport. 
Cosponsored by Senator PLUMMER of Cumberland and 
Representatives: LONG of Sherman, McCABE of Skowhegan, Senators: BOYLE of 
Cumberland, SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA §2168 is enacted to read: 
§2168.  Expungement of records 
1.  Expungement of records.  A record of a criminal conviction for a Class D or 
Class E crime may be expunged for a person who is 21 years of age or older if the person 
was between 18 and 20 years of age when committing the crime and the conviction is the 
only criminal conviction of the person.  To expunge a record of conviction under this 
section, the person who was convicted must petition the Secretary of State.  A petition 
under this subsection must provide information necessary as determined by the Secretary 
of State to assist the Secretary of State in informing the appropriate entities of the 
expungement under subsection 3. 
2.  Effect of expungement.  A record of a criminal conviction expunged under this 
section is deemed to have never been entered and the person who was convicted is 
deemed to never have been arrested or convicted of the crime for which the record of 
conviction was expunged. Any civil right or privilege of the person who was convicted 
that was lost or forfeited due to the underlying conviction of a record that has been 
expunged must be restored.  A person may not use information concerning an expunged 
record of conviction in any manner to the detriment of the person who was convicted, 
including: 
A.  Distributing or disseminating the record; 
B.  Impeaching any testimony of the person who was convicted; or 
C.  Considering the information or record regarding the person who was convicted 
related to a credit application or report, employment or application for employment, 
access to an educational program, a tenancy application, a real estate purchase, a 
merchandise purchase or any licensing or regulatory matter. 
3.  Responsibility to inform.  Upon receipt of a petition to expunge a record of a 
criminal conviction that meets the requirements of subsection 1, the Secretary of State 
shall promptly inform all law enforcement agencies, regulatory or licensing agencies, 
correctional institutions, courts and any other entities and officers who were involved in 
the original arrest and conviction underlying the record or are in possession of the record 
of the requirement to expunge and the penalties for a violation under this section. A law 
enforcement agency, regulatory or licensing agency, correctional institution, court or any 
other entity or officer informed of the expungement of a record by the Secretary of State 
under this section shall promptly expunge the record. 
4.  Violation.  A violation of this section is a Class D crime. 
5.  Rules.  The Secretary of State may adopt rules to carry out the purposes of this 
section.  Rules adopted pursuant to this subsection are routine technical rules pursuant to 
Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill allows a person who is 21 years of age or older to petition the Secretary of 
State to expunge a criminal record of the person if the crime was committed when the 
person was between 18 and 20 years of age and it is the person's only criminal conviction.