An Act To Clear a Path to Employment
Maine Legislature, Session 128, LD 1202
Committee: Criminal Justice and Public Safety
Sponsors: VOLK, WARREN, BRAKEY, VACHON

Legislative Document
No. 1202
S.P. 403
In Senate, March 28, 2017
An Act To Clear a Path to Employment
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator VOLK of Cumberland.
Cosponsored by Representative WARREN of Hallowell and
Senator: BRAKEY of Androscoggin, Representative: VACHON of Scarborough.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA c. 310-A is enacted to read: 
CHAPTER 310-A 
SEALING OF PUBLIC CRIMINAL RECORDS FOR CERTAIN OFFENSES 
§2281.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Accredited educational institution.  "Accredited educational institution" means 
an educational institution accredited by a national accrediting agency or association. 
2.  Another jurisdiction.  "Another jurisdiction" has the same meaning as in Title 
17-A, section 2, subsection 3-B. 
3.  Bureau.  "Bureau" means the Department of Public Safety, Bureau of State 
Police, State Bureau of Identification. 
4.  Crime involving domestic violence.  "Crime involving domestic violence" has 
the same meaning as in section 1003, subsection 3-A. 
5.  Criminal history record information.  "Criminal history record information" has 
the same meaning as in Title 16, section 703, subsection 3. 
6.  Criminal justice agency.  "Criminal justice agency" has the same meaning as in 
Title 16, section 703, subsection 4. 
7.  Eligible criminal conviction.  "Eligible criminal conviction" means a conviction 
for a current or former Class C, Class D or Class E crime, except a conviction for a crime 
involving domestic violence or a conviction for a crime under Title 17-A, chapter 11. 
§2282.  Requirements for sealing 
An individual is eligible to have all records of a criminal conviction sealed from 
public inspection under this chapter if: 
1.  Eligible criminal conviction; no other state convictions.  The individual has 
been convicted of only a single eligible criminal conviction and does not have any other 
criminal convictions in this State; 
2.  No convictions in another jurisdiction.  The individual has no criminal 
convictions from another jurisdiction; and 
3.  Time since conviction.  Except as provided in section 2285, at least 7 years have 
passed since the date of conviction. 
§2283.  Automatic sealing of records; process 
1.  List of individuals.  On the first business day of each month, the Administrative 
Office of the Courts shall prepare a list of individuals who it believes will meet the 
requirements of section 2282 by the end of the month and shall submit the list to the 
bureau for review. 
2.  Objection by bureau.  Within 7 days of receiving a list described in subsection 1, 
the bureau shall submit to the Administrative Office of the Courts an objection to any 
individual on the list who it does not believe meets the requirements of section 2282 
along with an explanation of the objection and supporting documentation.  If the bureau 
objects to the inclusion of an individual on the list, it shall send a written copy of the 
objection and supporting documentation to that individual along with a notice of the 
individual's right to file a motion for sealing of the records pursuant to section 2284. 
3.  Sealing of records.  On the last business day of each month, a Judge of the 
District Court or a Justice of the Superior Court shall enter an order sealing the criminal 
records of all individuals whose names appeared on the monthly list prepared under 
subsection 1 and for whom no objection was filed by the bureau under subsection 2.  The 
court shall submit a copy of the order to the bureau.  The bureau shall promptly alter its 
records relating to the eligible criminal convictions of the individuals in the order to 
reflect that future dissemination of the criminal history record information relating to the 
eligible criminal convictions must be pursuant to section 2286, subsection 1 rather than 
pursuant to Title 16, section 704.  The bureau shall notify each individual whose record is 
sealed under this subsection and shall explain the effect of the sealing under this chapter. 
§2284.  Motion for sealing after objection by bureau 
1.  Motion.  An individual whose eligible criminal conviction was not sealed due to 
the objection of the bureau under section 2283, subsection 2 may file a motion to seal the 
records of the individual's eligible criminal conviction in the underlying criminal 
proceeding.  After a motion has been filed under this subsection, the clerk shall set the 
motion for hearing. 
2.  Representation of the State.  The prosecutorial office that represented the State 
in the underlying criminal proceeding shall represent the State for purposes of this 
section. On a case-by-case basis, a different prosecutorial office may represent the State 
on agreement between the 2 prosecutorial offices. 
3.  Counsel.  The individual filing a motion under this section has the right to employ 
counsel but is not entitled to counsel at state expense. 
4.  Decision after hearing.  The court shall hold a hearing on a motion filed under 
this section in accordance with this subsection.  The Maine Rules of Evidence do not 
apply to the hearing, and evidence presented at the hearing may include testimony, 
affidavits and other reliable hearsay evidence as permitted by the court.  At the 
conclusion of the hearing, if the court determines that the individual who filed the motion 
has established by a preponderance of the evidence each of the requirements set forth in 
section 2282 for sealing of the individual's criminal record, the court shall grant the 
motion and issue a written order sealing the individual's criminal record.  If the court 
grants the motion, it shall submit a copy of the order to the bureau, which shall promptly 
alter its records relating to the eligible criminal conviction of the individual who filed the 
motion to reflect that future dissemination of the criminal history record information 
relating to the eligible criminal conviction must be pursuant to section 2286, subsection 1 
rather than pursuant to Title 16, section 704.  The bureau shall notify an individual whose 
record is sealed under this subsection and shall explain the effect of the sealing under this 
chapter. 
§2285.  Motion for sealing based on reduced waiting period 
An individual with an eligible criminal conviction may file a written motion in the 
underlying criminal proceeding seeking a court order sealing the records of that 
conviction prior to the expiration of 7 years after the date of conviction if the individual 
meets the requirements of subsection 1.  The court shall decide the motion in accordance 
with this section. 
1.  Reduction in waiting period based upon educational attainment.  An 
individual is eligible to have all records of an eligible criminal conviction sealed from 
public inspection under this chapter if the individual meets the requirements of section 
2282, subsections 1 and 2; at least 3 1/2 years have passed since the date of conviction; 
and, since the date of conviction, the individual has been awarded a high school diploma, 
high school equivalency diploma or a certificate, associate degree, bachelor's degree or 
graduate degree from an accredited educational institution. 
2.  Notification of the State; opportunity to object.  Upon receipt of a motion under 
this section, the court shall send a copy of the motion and supporting documentation, if 
any, to the prosecutorial office that represented the State in the underlying criminal 
proceeding.  That prosecutorial office may file a written objection to the motion within 21 
days of receiving the copy of the motion. 
3.  Counsel.  The individual filing a motion under this section has the right to employ 
counsel but is not entitled to counsel at state expense. 
4.  Decision without hearing.  If no objection is filed pursuant to subsection 2, the 
court shall enter an order sealing the criminal record of the individual who filed the 
motion under this section.  A copy of the order must be submitted to the bureau, which 
shall promptly alter its records relating to the eligible criminal conviction of the 
individual who filed the motion to reflect that future dissemination of the criminal history 
record information relating to the eligible criminal conviction must be pursuant to section 
2286, subsection 1 rather than pursuant to Title 16, section 704.  The bureau shall notify 
an individual whose record is sealed under this subsection and shall explain the effect of 
the sealing under this chapter. 
5.  Decision after hearing.  If an objection is filed pursuant to subsection 2, the clerk 
shall set the motion for a hearing.  The Maine Rules of Evidence do not apply to the 
hearing, and evidence presented at the hearing may include testimony, affidavits and 
other reliable hearsay evidence as permitted by the court.  At the conclusion of the 
hearing, if the court determines that the individual who filed the motion has established 
by a preponderance of the evidence each of the requirements set forth in subsection 1 for 
sealing of the individual's criminal record, the court shall grant the motion and issue a 
written order sealing the individual's criminal record.  If the court grants the motion, it 
shall submit a copy of the order to the bureau, which shall promptly alter its records 
relating to the eligible criminal conviction of the individual who filed the motion to 
reflect that future dissemination of the criminal history record information relating to the 
eligible criminal conviction must be pursuant to section 2286, subsection 1 rather than 
pursuant to Title 16, section 704.  The bureau shall notify an individual whose record is 
sealed under this subsection and shall explain the effect of the sealing under this chapter. 
§2286.  Effect of sealing 
1.  Restrictions on dissemination and use of sealed conviction information.  
Notwithstanding Title 16, section 704, the criminal history record information relating to 
a criminal conviction that the court has sealed under this chapter is confidential and may 
not be disseminated by a criminal justice agency, whether directly or through any 
intermediary, except: 
A.  To the individual who is the subject of the criminal conviction or that individual's 
designee; and 
B.  To a criminal justice agency for the purpose of the administration of criminal 
justice and criminal justice agency employment.  For the purposes of this paragraph, 
dissemination to a criminal justice agency for the purpose of the administration of 
criminal justice includes dissemination and use of the criminal history record 
information relating to the sealed criminal conviction by an attorney for the State or 
for another jurisdiction as part of a prosecution of the individual for a new crime, 
including use in a charging instrument or other public court document and in open 
court. 
2.  Prohibition on use of sealed conviction information for employment purposes.  
An employer that is not a criminal justice agency may not discriminate against an 
employee or prospective employee based on the fact of a criminal conviction that has 
been sealed under this chapter.  An individual whose criminal conviction has been sealed 
under this chapter and who has not been convicted of another crime in this State or 
another jurisdiction may answer "no" with respect to an inquiry from an employer or 
prospective employer that is not a criminal justice agency inquiring whether the 
individual has any criminal convictions. 
3.  Inquiries made of individual whose record is sealed.  An individual whose 
record of a criminal conviction has been sealed under this chapter may, in response to 
inquiries other than inquiries from a criminal justice agency about the crime contained in 
the sealed record, respond as if the crime and conviction had never occurred without 
being subject to any sanctions. 
SUMMARY 
This bill establishes an automatic process for an individual who has been convicted of 
a Class C, Class D or Class E crime to have the records of that conviction sealed if the 
crime does not involve domestic violence or sexual assault; the individual has not been 
convicted of any other crime in this State or another jurisdiction; and at least 7 years have 
passed since the date of conviction.  If the Department of Public Safety, Bureau of State 
Police, State Bureau of Identification objects to the automatic sealing of an individual's 
criminal conviction records, the individual may file a motion in the underlying criminal 
proceeding requesting that the records be sealed. 
The bill provides for a reduction in the 7-year waiting period for the sealing of 
records of an eligible criminal conviction if a convicted individual files a motion with the 
court demonstrating that the individual obtained a high school diploma or postsecondary 
certificate or degree after the date of conviction. 
The bill prohibits the use of sealed criminal conviction information by all employers 
that are not criminal justice agencies.  The bill also authorizes individuals whose 
conviction records have been sealed to respond to inquiries, other than inquiries from a 
criminal justice agency, as if the sealed conviction and underlying crime had never 
occurred.