An Act To Remove Barriers to Employment by Sealing the Records of Persons Convicted of Certain Nonviolent Crimes
Maine Legislature, Session 130, LD 1210
Committee: Judiciary
Sponsors: FECTEAU, FAULKINGHAM, MORALES, PICKETT, WARREN, POULIOT
Amends: 16 MRSA §703, 16 MRSA §711

Legislative Document
No. 1210
H.P. 885
House of Representatives, March 24, 2021
An Act To Remove Barriers to Employment by Sealing the Records 
of Persons Convicted of Certain Nonviolent Crimes
Received by the Clerk of the House on March 22, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FECTEAU of Augusta.
Cosponsored by Representatives: FAULKINGHAM of Winter Harbor, MORALES of South 
Portland, PICKETT of Dixfield, WARREN of Hallowell, Senator: POULIOT of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 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. 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. 3.  16 MRSA §703, sub-§2, ¶M is enacted to read:
M.  Information disclosing a criminal conviction record ordered sealed under section 
711.
Sec. 4.  16 MRSA §711 is enacted to read:
§711.  Sealing of records of nonviolent crimes
1.  Class E, D and C crimes.  A person convicted of a Class E, Class D or Class C 
crime may petition the court in which the conviction was recorded to seal the record of the 
conviction after a period of 5 years from the completion of the sentence.  The court shall 
order all records of the conviction sealed if:
A.  The defendant has not been convicted of a crime in this State or any other 
jurisdiction since the conviction subject to the petition and has no formal charging 
instrument for a crime pending in this State or any other jurisdiction; and
B.  The crime is not a crime:
(1)  Under Title 17-A, chapter 11, 12, 25 or 35;
(2)  That involved violence or domestic violence; or
(3)  That had as an element of the offense a victim who was 17 years of age or 
younger or a victim who was 65 years of age or older.
2.  State Bureau of Identification.  Following receipt of a court order to seal a 
conviction record under subsection 1, the Department of Public Safety, Bureau of State 
Police, State Bureau of Identification shall make the record a confidential criminal history 
record and make the necessary arrangements with the identification division of the Federal 
Bureau of Investigation to have all references to the sealed crime deleted from the Federal 
Bureau of Investigation's identification record and any state materials returned to the 
contributing agency.
SUMMARY
This bill allows a person convicted of a Class E, Class D or Class C crime to petition 
the court where the person was convicted to seal all records of the crime 5 years after the 
completion of the person's sentence by making the record a confidential criminal history 
record.  Sealing a record is not available for persons who have subsequent convictions or 
pending criminal charges; for crimes involving bribery, corruption, violence or sex 
offenses; or for crimes that had as an element of the offense victims who were minors or 
were 65 years of age or older.