An Act To Clear a Path to Employment
Maine Legislature, Session 128, LD 1202
Committee Amendment CA_A_S392 (Senate)
Amends: 15 MRSA §2251, 15 MRSA §2252, 15 MRSA §2254

COMMITTEE AMENDMENT "~ "to S.P. 403, L.D. 1202, Bill, "An Act To Clear 
a Path to Employment" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 15 MRSA §2251, sub-§6, as enacted by PL 2015, c. 354, §1, is amended 
to read: 
6. Eligible criminal conviction. "Eligible criminal conviction" means a conviction 
for a current or former Class D or Class E crime, except a conviction for a current or 
former Class Dor Class E crime under Title 17-A, chapter 11. 
Sec. 2. 15 MRSA §2252, sub-§2, as enacted by PL 2015, c. 354, §1, is repealed. 
Sec. 3. 15 MRSA §2254, sub-§§1, 6 and 8, as enacted by PL 2015, c. 354, §1, 
are amended to read: 
1. Filing motion. A motion filed pursuant to section 2253 must be filed in the 
underlying criminal proceeding. The person filing the motion must provide a copy of the 
motion to the prosecutorial office that represented the State in the underlying criminal 
proceeding and must certify in the motion that a copy of the motion has been provided to 
that prosecutorial office. After a motion has been filed, the clerk shall set the motion for 
hearing. 
6. Notice to State Bureau of Identification~ If the court determines pursuant to 
subsection 5 that a person has established by a preponderance of the evidence each of the 
statutory prerequisites specified in section 2252, a copy of the court's written order 
certifying its determination must be provided electronically to the Department of Public 
Safety, Bureau of State Police, State Bureau of Identification. The State Bureau of 
Identification upon receipt of the order shall promptly alter its records relating to the 
person's eligible criminal conviction to reflect that future dissemination of this criminal 
history record information must be pursuant to section 2255 rather than pursuant to Title 
16, section 704. The State Bureau ofldentification shall notify the person of compliance 
with that requirement. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 403, L.D. 1202 
8. Notice to State Bureau of Identification of new crime. If the court determines 
under subsection 7 that a person has been convicted of a new crime and as a consequence 
is no longer eligible for the special restrictions on dissemination and use of the criminal 
history record information relating to the criminal conviction as specified in section 2255, 
a copy of the court's written order certifying its determination must be provided 
electronically to the Department of Public Safety, Bureau of State Police, State Bureau of 
Identification. The State Bureau of Identification upon receipt of the order shall alter its 
records relating to the person's criminal conviction to reflect that dissemination of this 
criminal history record information is pursuant to Title 16, section 704 rather than 
pursuant to section 2255. It shall notify the person of compliance with that requirement. 
Sec. 4. 15 MR.SA §2255, sub-§§1 and 2, as enacted by PL 2015, c. 354, §1, are 
amended to read: 
1. 
Subject of conviction. 
To the person who is the subject of the criminal 
conviction or that person's designee; aR4 
2. Criminal justice agency. To a criminal justice agency for the purpose of the 
administration of criminal justice and criminal justice agency employment ... ; and 
Sec. 5. 15 MR.SA §2255, sub-§3 is enacted to read: 
3. For certain licensure or employment. To a public or private entity to which the 
person who is the subject of the criminal conviction has applied for licensure or 
employment when applicable federal or state law, rule or regulation requires that entity to 
perform a fingerprint-based state or national criminal history record check of the person 
prior to licensing or employing the person. 
Sec. 6. 15 MR.SA §2256, as enacted by PL 2015, c. 354, §1, is amended to read: 
§2256. Limited disclosure of eligible criminal conviction 
A person who has a criminal conviction eligible for the special restrictions on 
dissemination and use of criminal history record information under section 2255 may 
respond to inquiries from other than criminal justice agencies or to inquiries relating to 
licensure or employment not described in section 2255, subsection 3 by not disclosing its 
mcistense the criminal conviction without being subject to any sanctions. 
Sec. 7. 15 MR.SA §2259, as enacted by PL 2015, c. 354, §1, is repealed.' 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill and 
amends the Maine Revised Statutes, Title 15, chapter 310, which provides a motion 
process for the imposition of special restrictions on the dissemination and use of criminal 
5 
history record information for a single Class E criminal conviction committed by an 
individual 18 to 20 years of age. The amendment does the following. 
1. It authorizes a court to impose special restrictions on the dissemination and use of 
criminal history record information for a single Class D or Class E criminal conviction 
committed by an individual of any age when at least 4 years have passed since the person 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A· to S.P. 403, L.D. 1202 
has fully satisfied each of the sentencing alternatives imposed for the eligible criminal 
conviction. 
2. It allows dissemination of criminal history record information to a public or 
private entity to which a person who is the subject of a criminal conviction has applied 
for licensure or employment when applicable federal or state law, rule or regulation 
requires that entity to perform a fingerprint-based state or national criminal history record 
check of the person prior to licensing or employing the person. 
3. It repeals the existing statutory repeal date of October 1, 2019 for the Maine 
Revised Statutes, Title 15, chapter 310. 
FISCAL NOTE REQUIRED _ 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/15/18 feac 
LD 1202 
LR 347(02) 
An Act To Clear a Path to Employment 
Fiscal Note for Bill as Amended by Committee Amendment 'A" L S-3Q) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new motions likely to be filed in the court system can 
be absorbed within existing budgeted resources. 
The collection of additional filing fees may also increase General Fund revenve by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Public Safety associated with this legislation can be absorbed within existing 
budgeted resources. 
LR0347(02) - Fiscal Note - Page 1 of 1