An Act To Change Procedures of the Governor's Board on Executive Clemency and To Seal Marijuana Convictions
Maine Legislature, Session 129, LD 1113
Committee: Judiciary
Sponsors: FECTEAU, ANDREWS, FAULKINGHAM, FOLEY, O'NEIL, STROM, TALBOT ROSS, MILLETT
Amends: 15 MRSA §2168, 16 MRSA §703

Legislative Document
No. 1113
H.P. 817
House of Representatives, March 5, 2019
An Act To Change Procedures of the Governor's Board on 
Executive Clemency and To Seal Marijuana Convictions
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FECTEAU of Augusta.
Cosponsored by Representatives: ANDREWS of Paris, FAULKINGHAM of Winter Harbor, 
FOLEY of Biddeford, O'NEIL of Saco, STROM of Pittsfield, TALBOT ROSS of Portland, 
Senator: MILLETT of Cumberland.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  15 MRSA §2168 is enacted to read:
§2168.  Executive clemency board
1.  Hearing.  A board, commission or panel established to provide a recommendation 
to the Governor concerning a pardon, clemency or commutation of a sentence shall grant 
a hearing to a petitioner who has been convicted of a nonviolent crime and, in considering 
a recommendation, shall review whether the petitioner:
A.  Has engaged in or been convicted of any criminal activity for a period of 5 years 
prior to the petition;
B.  Is a productive member of society by being employed or trying to advance the 
petitioner's position of employment;
C.  Has been active in the community by serving on a municipal organization or 
board;
D.  Has served in the Armed Forces of the United States in a regular or reserve 
capacity or in the National Guard; and
E.  Has volunteered or worked for a nonprofit or religious organization.
2.  Denial; appeal.  If a board, commission or panel established to provide a 
recommendation to the Governor concerning a pardon, clemency or commutation of a 
sentence recommends denial of a petition under subsection 1, within 90 days after the 
recommendation the petitioner may appeal the recommendation to the Secretary of State, 
who shall confirm or overrule the recommendation and forward that decision to the 
Governor.
PART B
Sec. B-1.  16 MRSA §703, sub-§2, ¶K, as enacted by PL 2013, c. 267, Pt. A, §2, 
is amended to read:
K.  Information disclosing that a criminal proceeding has been terminated because the 
court lacked jurisdiction over the defendant; and
Sec. B-2.  16 MRSA §703, sub-§2, ¶L, as amended by PL 2017, c. 432, Pt. B, 
§1, is further amended to read:
L.  Information disclosing that a person has petitioned for and been granted a full and 
free pardon.; and
Sec. B-3.  16 MRSA §703, sub-§2, ¶M is enacted to read:
M.  Information disclosing a conviction for a current or former crime or civil 
violation that consisted of conduct that is authorized under Title 28-B, chapter 3.
SUMMARY
This bill requires a board, commission or panel established to provide the Governor a 
recommendation on a pardon, clemency or commutation of a sentence to grant a hearing 
to a petitioner who has been convicted of a nonviolent crime and to consider certain 
personal criteria of the petitioner and allows an appeal of a recommendation of denial to 
the Secretary of State.
This bill also seals criminal history record information regarding convictions for 
crimes and civil violations relating to personal adult use of marijuana by making the 
information confidential.