An Act To Permit the Expungement of Records Relating to Proceedings That Do Not Result in Convictions
Maine Legislature, Session 128, LD 1238
Committee: Judiciary
Sponsors: COOPER, DUCHESNE, RYKERSON, WARREN, JACKSON, MIRAMANT

Legislative Document
No. 1238
H.P. 861
House of Representatives, March 30, 2017
An Act To Permit the Expungement of Records Relating to 
Proceedings That Do Not Result in Convictions
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COOPER of Yarmouth.
Cosponsored by Representatives: DUCHESNE of Hudson, RYKERSON of Kittery, WARREN 
of Hallowell, Senators: JACKSON of Aroostook, MIRAMANT of Knox.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA c. 313 is enacted to read: 
CHAPTER 313 
EXPUNGEMENT OF RECORDS RELATING TO CRIMINAL PROCEEDINGS 
THAT DO NOT RESULT IN CONVICTIONS 
§2401.  Definitions 
1.  Eligible records.  "Eligible records" means records possessed by a state criminal 
justice agency, the Department of Public Safety, Bureau of State Police, State Bureau of 
Identification or the Federal Bureau of Investigation that contain confidential criminal 
history record information pursuant to Title 16, section 703, subsection 2, paragraphs A 
to K that relates to a state crime. 
2.  Related criminal proceeding.  "Related criminal proceeding" means a criminal 
proceeding involving a criminal offense based on the same conduct or arising from the 
same criminal episode as the offense or offenses that are the subject of the eligible 
records. 
3.  State criminal justice agency.  "State criminal justice agency" means a 
government agency of this State or a subunit of a government agency at any government 
level that performs the administration of criminal justice within the meaning of Title 16, 
section 703, subsection 1 pursuant to a statute or executive order. "State criminal justice 
agency" includes courts of this State, the Department of the Attorney General and district 
attorneys' offices.  "State criminal justice agency" does not include a federal government 
agency or a subunit of a federal government agency. 
§2402.  Requirements for expungement of eligible records 
A court may order the expungement of eligible records only if: 
1.  No conviction.  The person to whom the eligible records pertain has not been 
convicted of a criminal offense that is the subject of the eligible records and has not been 
convicted of a criminal offense in a related criminal proceeding; 
2.  No pending charges.  The person to whom the eligible records pertain is not 
currently subject to the criminal proceedings described in the eligible records and is not 
currently subject to related criminal proceedings; and 
3.  Time.  At least one year has passed after the date on which the person to whom 
the eligible records pertain was arrested, summonsed or charged as described in the 
eligible records or after the date on which the criminal proceedings described in the 
eligible records were finally concluded, whichever is later. 
§2403.  Motion 
1.  Motion; venue.  A person to whom eligible records pertain may file a written 
motion in the underlying criminal proceeding seeking a court order expunging the eligible 
records.  If eligible records exist that relate to an alleged criminal offense for which the 
person to whom the eligible records pertain has not been charged, that person may file a 
written motion seeking a court order expunging the eligible records in the District Court 
in the division where the person resides or in the division where the alleged criminal 
offense was alleged to have occurred. 
2.  Contents of motion.  A written motion filed under subsection 1 must briefly 
address each of the requirements set forth in section 2402 for expungement of eligible 
records. 
§2404.  Process and decision 
1.  Counsel.  A person filing a motion under section 2403 has the right to employ 
counsel but is not entitled to assignment of counsel at state expense. 
2.  Notification of the State; opportunity to object.  Upon receipt of a motion filed 
under section 2403, the court shall submit a copy of the motion to the prosecutorial office 
that represented the State in the underlying criminal proceeding.  If no underlying 
criminal proceeding occurred, the court shall submit a copy of the motion to the district 
attorney's office in the county where the court is located.  The prosecutorial office or 
district attorney's office may file a written objection to the motion within 21 days of 
receiving the copy of the motion. 
3.  Decision without hearing.  If no objection is filed under subsection 2, the court 
shall issue a written order granting the motion and shall submit a copy of the order to the 
Department of Public Safety, Bureau of State Police, State Bureau of Identification. 
4.  Decision after hearing.  If a timely objection is filed under subsection 2, the clerk 
shall set the motion for a hearing.  The Maine Rules of Evidence do not apply to a 
hearing on a motion under this subsection, 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 person who filed 
the motion has established by a preponderance of the evidence each of the requirements 
set forth in section 2402 for expungement of eligible records, the court shall issue a 
written order granting the motion.  If the court grants the motion, it shall submit a copy of 
the order to the Department of Public Safety, Bureau of State Police, State Bureau of 
Identification. 
§2405.  Fee 
The Supreme Judicial Court may by administrative order establish the fee, not to 
exceed $20, for filing a motion under section 2403. 
§2406.  Effect of expungement order 
If a court issues an order under section 2404, subsection 3 or 4 granting a motion to 
expunge eligible records: 
1.  Court records.  The court shall destroy all eligible records described in the order 
that are in its custody, including electronic copies of those eligible records; 
2.  State Bureau of Identification records.  The Department of Public Safety, 
Bureau of State Police, State Bureau of Identification shall destroy all eligible records 
described in the order that are in its custody, including electronic copies of those eligible 
records; 
3.  State criminal justice agency records.  The Department of Public Safety, Bureau 
of State Police, State Bureau of Identification shall direct each state criminal justice 
agency to destroy all eligible records described in the order that are in the custody of that 
state criminal justice agency, including electronic copies of those eligible records; and 
4.  Federal Bureau of Investigation records.  The Department of Public Safety, 
Bureau of State Police, State Bureau of Identification shall make the necessary 
arrangements with the identification division of the Federal Bureau of Investigation to 
have all references to the eligible records described in the order deleted from the Federal 
Bureau of Investigation's identification record. 
The Department of Public Safety, Bureau of State Police, State Bureau of 
Identification shall adopt rules to implement this section.  Rules adopted pursuant to this 
paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill establishes a process for an individual who was arrested for or charged with 
a state crime, but who was not ultimately convicted of that state crime or a related crime, 
to seek expungement of all criminal history records held by a law enforcement agency or 
state court concerning the individual's arrest or the state court criminal proceeding.