An Act Regarding Criminal Records
Maine Legislature, Session 130, LD 1310
Committee Amendment CA_A_H1009 (House)

COMMITTEE AMENDMENT" A" to H.P. 966, L.D. 1310, "An Act Regarding 
Criminal Records" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding a Post-judgment Motion To Seal the Criminal History Record 
Information for Certain Criminal Convictions' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 15 MRSA c. 310-A is enacted to read: 
CHAPTER 310-A 
POST-JUDGMENT MOTION TO SEAL CRIMINAL IDSTORY RECORD 
§2261. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Administration of criminal iustice. "Administration of criminal justice" has the 
same meaning as in Title 16, section 703, subsection 1. 
2. Another jurisdiction. "Another jurisdiction" has the same meaning as in Title 
17-A, section 2, subsection 3-B. 
3. Criminal history record information. "Criminal history record information" has 
the same meaning as in Title 16, section 703, subsection 3. 
4. Criminal justice agency. "Criminal justice agency" has the same meaning as in 
Title 16, section 703, subsection 4. 
5. Dissemination. "Dissemination" has the same meaning as in Title 16, section 703, 
subsection 6. 
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6. Eligible criminal conviction. "Eligible criminal conviction" means a conviction 
for a current or former Class E crime, except a conviction for a current or former Class E 
crime under Title 17-A, chapter 11. 
7. Sealed record. "Sealed record" means the criminal history record information 
relating to a specific criminal conviction that a court has ordered to be sealed under section 
2264. 
§2262. Statutory prerequisites for sealing criminal history record information 
Criminal history record information relating to a specific criminal conviction may be 
sealed under this chapter only if: 
1. Eligible criminal conviction. The criminal conviction is an eligible criminal 
conviction; 
2. Time since sentence fully satisfied. At least 4 years have passed since the person 
has fully satisfied each of the sentencing alternatives imposed under Title 17-A, section 
1502, subsection 2 for the eligible criminal conviction; 
3. Other convictions in this State. The person has not been convicted of another 
crime in this State and has not had a criminal charge dismissed as a result of a deferred 
disposition pursuant to Title 17-A, former chapter 54-F or Title 17-A, chapter 67, 
subchapter 4 since the time at which the person fully satisfied each of the sentencing 
alternatives imposed under Title 17-A, section 1502, subsection 2 for the person's most 
recent eligible criminal conviction up until the time of the order; 
4. Convictions in another jurisdiction. The person has not been convicted of a crime 
in another jurisdiction since the time at which the person fully satisfied each of the 
sentencing alternatives imposed under Title 17-A, section 1502, subsection 2 for the 
person's most recent eligible criminal conviction up until the time of the order: 
5. Pending criminal charges. The person does not have any presently pending 
criminal charges in this State or in another jurisdiction: and 
6. Age of person at time of commission. At the time of the commission of the crime 
underlying the eligible criminal conviction, the person had in fact attained 18 years of age 
but had not attained 28 years of age. 
§2263. Motion; persons who may file 
A person may file a written motion seeking a court order sealing the person's criminal 
history record information relating to a specific criminal conviction in the underlying 
criminal proceeding based on a court determination that the person satisfies the statutory 
prerequisites specified in section 2262. The written motion must briefly address each of the 
statutory prerequisites. 
§2264. Motion and hearing; process 
1. Filing motion. A motion filed pursuant to section 2263 must be filed in the 
underlying criminal proceeding. After the motion is filed, the clerk shall set the motion for 
hearing. 
2. Counsel. The person filing a motion pursuant to section 2263 has the right to be 
represented by counsel but is not entitled to assignment of counsel at state expense. 
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3. Representation of State. The prosecutorial office that represented the State in the 
underlying criminal proceeding may represent the State for purposes of this chapter. On a 
case-by-case basis, a different prosecutorial office may represent the State on agreement 
between the 2 prosecutorial offices. 
4. Evidence. The Maine Rules of Evidence do not apply to a hearing on a motion 
under this section. Evidence presented by the participants at the hearing may include 
testimony, affidavits and other reliable hearsay evidence as permitted by the court. 
5. Hearing; order; written findings. The court shall hold a hearing on a motion filed 
under this section. 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 
statutory prerequisites specified in section 2262, the court shall grant the motion and shall 
issue a written order sealing the criminal history record information of the eligible criminal 
conviction that was the subject of the motion. If, at the conclusion of the hearing, the court 
determines that the person has not established one or more of the statutory prerequisites 
specified in section 2262, the court shall issue a written order denying the motion. The 
order must contain written findings of fact supporting the court's determination. A copy of 
the court's written order must be provided to the person and the prosecutorial office that 
represented the State pursuant to subsection 3. 
6. Notice to State Bureau of Identification. If the comt issues an order under 
subsection 5 that includes the sealing of a criminal conviction maintained by the State 
Bureau of Identification pursuant to Title 25, section 1541 and previously transmitted by 
the court pursuant to Title 25, section 1547, the court shall electronically transmit notice of 
the court's order to the Department of Public Safety, Bureau of State Police, State Bureau 
of Identification. Upon receipt of the notice, the State Bureau of Identification shall 
promptly amend its records relating to the person's eligible criminal conviction to reflect 
that the criminal history record information relating to that criminal conviction is sealed 
and that dissemination is governed by section 2265. The State Bureau of Identification 
shall send notification of compliance with this subsection to the person's last known 
address. 
7. Subsequent new c1·iminal conviction; automatic loss of eligibility; person's duty 
to notify. Notwithstanding a comt order sealing the criminal history record information 
pursuant to subsection 5, if at any time subsequent to the court's order the person is 
convicted of a new crime in this State or in another jurisdiction, the criminal history record 
information must be unsealed. 
A. In the event of a new criminal conviction, the person shall promptly file a written 
notice in the underlying criminal proceeding of the person's disqualification from 
eligibility, identifying the new conviction, including the jurisdiction, court and docket 
number of the new criminal proceeding. If the person fails to file the required written 
notice and the court learns of the existence of the new criminal conviction, the court 
shall notify the person of the apparent existence of the new conviction and offer the 
person an opportunity to request a hearing to contest the fact of a new conviction. 
B. If the person requests a hearing under paragraph A, the court shall, after giving 
notice to the person and the appropriate prosecutorial office, hold a hearing. At the 
hearing, the person has the burden of proving by clear and convincing evidence that 
the person has not been convicted of a crime subsequent to issuance of the sealing 
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order. At the conclusion of the hearing, if the court determines that the person has not 
satisfied the burden of proof, it shall find that the person has been newly convicted of 
the crime and as a consequence is no longer eligible for the sealing order and shall issue 
a written order unsealing the criminal history record information, with written findings 
of fact. If, at the conclusion of the hearing, the court determines that the person has 
satisfied the burden of proof, it shall fmd that the person has not been convicted of the 
new crime and issue a written order certifying this determination. A copy of the court's 
written order must be provided to the person and the prosecutorial office that 
represented the State. 
C. If the person does not request a hearing under paragraph A, the court shall determine 
that the person has not satisfied the burden of proof and the court shall find that the 
person has been convicted of the new crime and as a consequence is no longer eligible 
for the sealing order and shall issue a written order unsealing the criminal history record 
information, with written fmdings of fact. A copy of the court's written order must be 
provided to the person and the prosecutorial office that represented the State. 
8. Notice of new crime. If the court orders the unsealing of the record under this 
section, the court shall electronically transmit notice of the court's order to the Department 
of Public Safety, Bureau of State Police, State Bureau ofldentification. The State Bureau 
of Identification upon receipt of the notice shall promptly amend its records relating to the 
person's criminal history record information relating to that criminal conviction to unseal 
the record. The State Bureau of Identification shall send notification of compliance with 
that requirement to the person's last known address. 
§2265. Special restrictions on dissemination and use of criminal history record 
information 
Notwithstanding Title 16, section 704, the criminal history record information relating 
to a criminal conviction sealed under section 2264 is confidential, must be treated as 
confidential criminal history record information for the purposes of dissemination to the 
public under Title 16, section 705 and may not be disseminated by a criminal justice 
agency, whether directly or through any intermediary, except as provided in Title 16, 
section 705 and as set out in this section. In addition to the dissemination authorized by 
Title 16, section 705, a criminal justice agency may disseminate the sealed criminal history 
record information to: 
1. Subject of conviction. The person who is the subject of the criminal conviction or 
that person's designee; 
2. Criminal justice agency. A criminal justice agency for the purpose of the 
administration of criminal justice and criminal justice agency employment. 
For the 
purposes of this subsection, dissemination to a criminal justice agency for the purpose of 
the administration of criminal justice includes: 
A. Dissemination and use of the criminal history record information relating to the 
sealed record by an attorney for the State or for another jurisdiction as part of a 
prosecution of the person for a new crime, including use in a charging instrument or 
other public court document and in open court; and 
B. Dissemination and use of the criminal history record information relating to the 
sealed record as pe1mitted by the Maine Rules of Evidence and to comply with 
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discovery requirements of the Maine Rules of Civil Procedure and the Maine Rules of 
Unified Criminal Procedure; 
3. Secretary of State. The Secretary of State to ensure compliance with state and 
federal motor vehicle laws; 
4. Victims. The victim or victims of the crime related to the conviction or: 
A. If the victim is a minor, to the parent or parents, guardian or legal custodian of the 
victim; or 
B. If the victim cannot act on the victim's own behalf due to death. age, physical or 
mental disease or disorder, intellectual disability or autism or other reason. to an 
immediate family member, guardian. legal custodian or attorney representing the 
victim; 
5. Financial services regulatory agencies. The Department of Professional and 
Financial Regulation, Bureau oflnsurance, Bureau of Consumer Credit Protection, Bureau 
of Financial Institutions and Office of Securities to ensure compliance with Titles 9-A, 9-B, 
10, 24, 24-A and 32, as applicable, and any state or federal requirement to perform criminal 
background checks by those agencies; 
6. Professional licensing agencies. Licensing agencies conducting criminal history 
record checks for licensees. registrants and applicants for licensure or registration by the 
agencies; licensing agencies performing regulatory functions enumerated in Title 5. section 
5303. subsection 2; and the State Board of Veterinary Medicine pursuant to Title 32, 
chapter 71-A to conduct a background check for a licensee; 
7. Financial institutions. A fmancial institution if the financial institution is required 
by federal or state law. regulation or rule to conduct a criminal history record check for the 
position for which a prospective employee or prospective board member is applying; or 
8. Subiect to fingerprinting. An entity that is required by federal or state law to 
conduct a fingerprint-based criminal history record check pursuant to Title 25. section 
1542-A. 
§2266. Limited disclosure of eligible criminal conviction 
A person whose eligible criminal conviction is the subject of a sealing order under 
section 2264 may respond to inquiries from persons other than criminal justice agencies 
and other than entities that are authorized to obtain the sealed criminal history record 
information under section 2265 by not disclosing the existence of the eligible criminal 
conviction without being subject to any sanctions under the laws of this State. Other than 
when responding to criminal justice agencies or when under oath while being prosecuted 
for a subsequent crime, a person whose criminal conviction is sealed does not violate Title 
17-A. section 451. 452 or 453 by not disclosing the sealed criminal conviction. 
§2267. Review of determination of eligibility; review of determination of subsequent 
criminal conviction 
A written order entered under section 2264, subsection 5 or 7 may be reviewed by the 
Supreme Judicial Court. 
1. Appeal by person. A person aggrieved by a written order under section 2264. 
subsection 5 or 7 may not appeal as of right. The time for taking the appeal and the manner 
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and any conditions for the taking of the appeal are as the Supreme Judicial Court provides 
by rule. 
2. Appeal by State. If the State is aggrieved by a written order under section 2264, 
subsection 5 or 7, it may appeal as of right, and a certificate of approval by the Attorney 
General is not required. The time for taking the appeal and the manner and any conditions 
for the taking of the appeal are as the Supreme Judicial Court provides by rule. 
§2268. Eligible criminal conviction sealed under former chapter 310 
Notwithstanding Title 16, section 704, the criminal history record information relating 
to a criminal conviction for which the court has determined the person is entitled to special 
restrictions on dissemination and use under former section 2254 is confidential and may 
not be disseminated by a criminal justice agency, whether directly or through any 
intermediary, except to the person who is the subject of the criminal conviction or that 
person's designee and to a criminal justice agency for the purpose of the administration of 
criminal justice and criminal justice agency employment. For the purposes of this section, 
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 qualifying criminal conviction by an attorney for the State or for another jurisdiction 
as part of a prosecution of the person for a new crime, including use in a charging 
instrument or other public court document and in open court. 
Section 2264, subsection 7 applies to a criminal conviction for which the court has 
determined the person is entitled to special restrictions on dissemination and use under 
former section 2254 if the person is convicted of a new crime. 
§2269. Violation 
A person who, in violation of section 2265 or 2268, intentionally disseminates sealed 
criminal history record information relating to a criminal conviction knowing it to be in 
violation of section 2265 or 2268 is guilty of unlawful dissemination of sealed records. 
Violation of this section is a Class E crime.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft. 
The amendment reestablishes a special process to seal certain criminal records that was 
created by Public Law 2015, chapter 354 in a statute that was repealed by its own terms on 
October 1, 2019. 
The amendment uses the same process to seal criminal records of an eligible criminal 
conviction as in the repealed law but expands the eligibility for record sealing by increasing 
the age at which the crime was committed. 
The amendment defines "eligible criminal conviction" to include all current and former 
Class E crimes except for sexual assault crimes contained in the Maine Revised Statutes, 
Title 17-A, chapter 11. 
A person with an eligible criminal conviction may file a motion to seal the criminal 
history record info1mation for the eligible criminal conviction if at least 4 years have passed 
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since the person fully satisfied each of the sentencing alternatives imposed for the 
conviction; the person has not been convicted of another crime in this State and has not had 
a criminal charge dismissed as a result of a deferred disposition since satisfying the 
sentencing alternatives; the person has not been convicted of a crime in another jurisdiction 
since satisfying the sentencing alternatives; the person does not have any presently pending 
criminal charges in this State or in another jurisdiction; and the person was at least 18 years 
of age but less than 28 years of age at the time of the commission of the underlying crime. 
The court must hold a hearing on the motion and, if the court determines all the 
requirements have been met, the court must issue an order sealing the criminal history 
record information. Notice of the order must be provided to the person, the prosecutorial 
office that prosecuted the person and the Department of Public Safety, Bureau of State 
Police, State Bureau of Identification, which must promptly amend its records relating to 
the sealed criminal histo1y record information. 
If the person is convicted of a crime after the court's order, the person's criminal history 
record information must be unsealed. The person is required to notify the court of the new 
conviction, but if the person does not do so, the court must notify the person of the new 
conviction and offer the person an opportunity to request a hearing to contest the fact of 
the new conviction. If the court determines that there is a new criminal conviction or if the 
person fails to request a hearing, the court must issue an order unsealing the person's 
criminal history record information and notify the State Bureau of Identification. 
When a person's criminal hist01y record information related to the eligible conviction 
is sealed, the sealed criminal history record information must be treated as confidential 
criminal hist01y record information for the purposes of dissemination to the public under 
Title 16, section 705 and may not be disseminated by a criminal justice agency, whether 
directly or through any intermediary, except as provided in Title 16, section 705. A 
criminal justice agency may also disseminate information to the person; a criminal justice 
agency for the administration of criminal justice; the Secretary of State to ensure 
compliance with motor vehicle laws; victims; certain professional licensing agencies; 
financial institutions that are required to conduct criminal hist01y record checks; and others 
required to conduct fingerprint-based background checks. 
Dissemination of sealed criminal history record information to a criminal justice 
agency for the purpose of the administration of criminal justice includes dissemination and 
use of the criminal hist01y record information relating to the criminal history record 
information by an attorney for the State or for another jurisdiction as part of a prosecution 
of the person for a new crime, including use in a charging instrument or other public court 
document and in open court. Dissemination of sealed criminal history record information 
to a criminal justice agency for the purpose of the administration of criminal justice also 
includes dissemination and use of the criminal history record information as permitted by 
the Maine Rules of Evidence and as required by discove1y requirements of the Maine Rules 
of Civil Procedure and the Maine Rules of Unified Criminal Procedure. 
A person whose criminal conviction is sealed may respond to inquiries, other than from 
criminal justice agencies and those authorized to obtain the sealed criminal history record 
information, by not disclosing the existence of the sealed criminal history record 
information without being subject to any state sanctions. Not disclosing the existence of 
the sealed criminal history record information is not perjury, false swearing or unsworn 
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falsification except if not disclosed to a criminal justice agency or those authorized to obtain 
the sealed record. 
The State may appeal as of right from an order to seal a record; the person may appeal, 
but not as of right, when the court does not order the record sealed. 
The amendment provides that the restrictions on the dissemination of records under 
Title 15, former chapter 310 under orders issued before October 1, 2019 continue to apply 
to the relevant criminal history records and that the process for unsealing a record based on 
a subsequent criminal conviction created in this legislation applies when a person for whom 
the dissemination of the record was restricted under former chapter 310 is subsequently 
convicted of a crime. 
Finally, the amendment provides that a person who intentionally disseminates criminal 
history record information that has been sealed under this legislation in violation of the 
confidentiality provisions of this legislation, knowing it to be in violation, is guilty of 
unlawful dissemination as provided in Title 16, section 707, which is a Class E crime. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/08/22 ~ae 
LD 1310 
LR1338(02) 
An Act Regarding Criminal Records 
, 
Fiscal Note for Bill as Amended by Committee Amendment •k { H,, / D 6 9) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class E crimes 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. The collection of additional fines may increase General Fund or other dedicated 
revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the financial services regulatory agencies and professional licensing boards within and affiliated 
with the Department of Professional and Financial Regulation.associated with the provisions in this legislation can be 
absorbed within existing budgeted resources. 
Additional costs to the Department of Public Safety associated with sealing and unsealing criminal records can also be 
absorbed within existing budgeted resources.