An Act To Limit the Dissemination of Juvenile Records
Maine Legislature, Session 129, LD 1670
Committee Amendment CA_A_H594 (House)
Amends: 15 MRSA §3308

COMMITTEE AMENDMENT "JI,, to H.P. 1197, L.D. 1670, Bill, "An Act To 
Limit the Dissemination of Juvenile Records" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 15 MRSA §3308, sub-§8, as enacted by PL 1989, c. 744, §5, is amended 
to read: 
8. Juvenile records sealed. This subsection governs the sealing of records of a 
person adjudicated to have committed a juvenile crime. 
A. A person adjudicated to have committed a juvenile crime that. if the juvenile were 
an adult, would constitute murder, aggravated attempted murder, attempted murder, 
Class A manslaughter other than the reckless or criminally negligent operation of a 
motor vehicle, elevated aggravated assault on a pregnant person, elevated aggravated 
assault, arson that recklessly endangers any person. causing a catastrophe, Class A 
robbery, any Class A or Class B violation of Title 17-A. chapter 11 or 12 or OUI as 
described in Title 29-A, section 2411 may petition the court to seal from public 
inspection all records pertaining to the juvenile crime and its disposition, and to any 
prior juvenile records and their dispositions., if+ at least 3 years have passed since the 
person's discharge from the disposition ordered for that juvenile crime. 
(1) At least 3 yea-rs have passed sinee the person's diseha-rge from the diS})osition 
ordered for that jw1enile crime; 
(2) Since the date of disposition, the person has not beoo adjudieated to have 
committed a juvenile erime and has not been convieted of eommitting a erime; 
and 
(3) There are no eurrent adj d. 
· 
u 16atory proeeedin 
· 
errm&.gs 
pendmg for a ju1tenile 
th 
' 
oro er 
B. The court may grant the petition filed under paragraph A if it finds that the 
requirements of paragraph A are satisfied, unless it finds that the general public's 
COMMITTEE AMENDMENT 
~ov9Y 
COMMITTEE AMENDMENT,:/}., to H.P. 1197, L.D. 1670 
right to information substantially outweighs the juvenile's interest in privacy. The 
juvenile has a right to appeal the court's denial of the juvenile's petition to seal as 
provided in chapter 509. 
B-1. At the time that a person adjudicated to have committed a juvenile crime other 
than a crime listed in paragraph A is finally discharged from the disposition ordered 
for that juvenile crime, the court, upon receipt of appropriate notice of the discharge, 
shall immediately enter an order sealing from public inspection all records pertaining 
to the juvenile crime and its disposition. Appropriate notice that the juvenile is 
discharged from the disposition: 
(1) 
Must be provided by the Department of Corrections if the juvenile's 
disposition involved either commitment to the Department of Corrections 
juvenile correctional facility or a supervised disposition and period of probation: 
(2) Must be provided by the office of the district attorney who prosecuted the 
case if the disposition included restitution or community service: or 
(3) May be provided by the juvenile or the juvenile's attorney. If the notice is 
provided by the juvenile or the juvenile's attorney, the juvenile or the juvenile's 
attorney shall serve a copy of the notice on the office of the district attorney who 
prosecuted the case before the court may enter the order to seal the record. 
C. Notwithstanding subsections 3, 3-A, 4 and 5, the court order sealing the records 
permits only the following persons to have access to the sealed records: 
(1) The courts and criminal justice agencies as provided by this section; and 
(2) The person whose juvenile records are sealed or that person's designee. 
C-1. A copy of the court's written order certifying its granting of the juvenile's 
petition, pursuant to paragraph A or B, or its order of immediate sealing pursuant to 
paragraph B-1 must be provided to the Department of Public Safety, Bureau of State 
Police, State Bureau of Identification if the adjudication is for a juvenile crime the 
criminal history records of which are maintained by the State Bureau of Identification 
pursuant to Title 25, section 1541, or provided to the Department of Inland Fisheries 
and Wildlife, the Department of Marine Resources or the Department of the Secretary 
of State, Bureau of Motor Vehicles, as appropriate. 
The State Bureau of 
Identification or the appropriate agency upon receipt of the order shall promptly 
update its records relating to each of the person's eligible juvenile adjudications 
included in the order. The State Bureau of Identification or the appropriate agency 
shall notify the person of compliance with the court's order. 
D. If the petition is granted, the A person whose juvenile records have been sealed 
under this subsection may respond to inquiries from other than the courts and 
criminal justice agencies about that person's juvenile crimes, the records of which 
have been sealed, as if the juvenile crimes had never occurred, without being subject 
to any sanctions. If an adjudication disqualifies a person from possessing a firearm 
pursuant to section 393, the sealing of the juvenile records associated with that 
adjudication does not affect that prohibition.' 
COMMITTEE AMENDMENT 
~s 
~
1\J\c-
COMMITTEE AMENDMENT .tJ."toH.P. 1197, L.D. 1670 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The bill provides for the automatic sealing of all records of juvenile crimes once the 
juvenile is finally discharged from the disposition ordered for the crime. 
This amendment restores the 3-year waiting period after discharge and the petition 
process for sealing records of juvenile crimes and provides that the petition process 
applies to crimes that, if the juvenile were an adult, would constitute murder, aggravated 
attempted murder, attempted murder, Class A manslaughter other than the reckless or 
criminally negligent operation of a motor vehicle, elevated aggravated assault on a 
pregnant person, elevated aggravated assault, arson that recklessly endangers any person, 
causing a catastrophe, Class A robbery, any Class A or Class B sex crimes or operating 
under the influence. 
This amendment clarifies that the court is required to seal the record for other 
juvenile crimes when it receives appropriate notice that the juvenile has been finally 
discharged from the disposition ordered. That notice must come from the Department of 
Corrections, the district attorney or the juvenile or the juvenile's attorney. If the juvenile 
or the juvenile's attorney is providing the notice, the notice must first be served on the 
office of the district attorney who prosecuted the juvenile crime. 
This amendment provides that the court must send the order sealing the record to the 
Department of Public Safety, Bureau of State Police, State Bureau of Identification, the 
Department of Inland Fisheries and Wildlife, the Department of Marine Resources or the 
Department of the Secretary of State, Bureau of Motor Vehicles, as appropriate. 
This amendment provides that if the juvenile crime for which the person was 
adjudicated disqualifies the person from possessing a firearm as provided in the Maine 
Revised Statutes, Title 15, section 393, the sealing of the record does not affect the 
pro~bition on possession of a firearm by that person. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/09/19 feac:.. 
LD 1670 
LR 2128(02) 
An Act To Limit the Dissemination of Juvenile Records 
J) 
Fiscal Note for Bill as Amended by Committee Amendment~{ /f6°t~ 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Additional costs to the Department of Public Safety, the judicial branch and the Distiict Attorney's Office associated 
with this legislation can be absorbed within existing budgeted resources. 
LR2128(02) - Fiscal Note - Page 1 of 1