Resolve, To Create the Criminal Records Review Committee
Maine Legislature, Session 130, LD 0563
Committee: Judiciary
Sponsors: TALBOT ROSS

Legislative Document
No. 563
H.P. 408
House of Representatives, February 24, 2021
Resolve, To Create the Criminal Records Review Committee
Received by the Clerk of the House on February 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 TALBOT ROSS of Portland.
Sec. 1.  Review committee established; Resolved: That the Criminal Records 
Review Committee, referred to in this resolve as "the review committee," is established.
Sec. 2.  Review committee membership.  Resolved: That, notwithstanding Joint 
Rule 353, the review committee consists of the members appointed as follows:
1.  Two members of the Senate appointed by the President of the Senate, including one 
member from each of the 2 parties holding the largest number of seats in the Legislature;
2.  Two members of the House of Representatives appointed by the Speaker of the 
House of Representatives, including one member from each of the 2 parties holding the 
largest number of seats in the Legislature;
3.  The Attorney General or the Attorney General's designee;
4.  The Commissioner of Health and Human Services or the commissioner's designee;
5.  The Commissioner of Public Safety or the commissioner's designee;
6.  The Commissioner of Corrections or the commissioner's designee;
7.  The President of the Maine Prosecutors Association or the president's designee;
8.  The President of the Maine Association of Criminal Defense Lawyers or the 
president's designee;
9.  The President of the Maine Sheriffs' Association or the president's designee;
10.  The President of the Maine Chiefs of Police Association, or the president's 
designee;
11.  A representative of a civil rights organization whose primary mission includes the 
advancement of racial justice, appointed by the President of the Senate;
12.  A representative of an organization that provides legal assistance on immigration, 
appointed by the President of the Senate;
13.  A representative of an organization whose primary mission is to address issues 
related to poverty, appointed by the President of the Senate;
14.  A representative of a statewide nonprofit organization whose mission includes 
advocating for victims and survivors of domestic violence, appointed by the President of 
the Senate; 
15.  A representative of a substance use disorder treatment or recovery community, 
appointed by the President of the Senate; 
16.  A representative of an adult and juvenile prisoners' rights organization, appointed 
by the President of the Senate; 
17.  A representative of a statewide nonprofit organization whose mission includes 
advocating for victims and survivors of sexual assault, appointed by the Speaker of the 
House of Representatives;
18.  A representative of an organization that provides free civil legal assistance to 
citizens of the State with low incomes, appointed by the Speaker of the House of 
Representatives; 
19.  A representative of a mental health advocacy organization, appointed by the 
Speaker of the House of Representatives;
20.  A representative of a civil liberties organization whose primary mission is the 
protection of civil liberties, appointed by the Speaker of the House of Representatives; 
21.  A representative of a nonprofit organization whose primary mission is to advocate 
for victims and survivors of sexual exploitation and sex trafficking, appointed by the 
Speaker of the House of Representatives; and
22.  A representative of an organization involved in advocating for juvenile justice 
reform, appointed by the Speaker of the House of Representatives. 
The review committee shall invite the Chief Justice of the Supreme Judicial Court to 
designate a member of the judicial branch to serve as a member of the committee.
Sec. 3.  Chairs.  Resolved: That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the review 
committee.
Sec. 4.  Appointments; convening of review committee.  Resolved: That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the review committee.  If 30 days or 
more after the effective date of this resolve a majority of but not all appointments have 
been made, the chairs may request authority and the Legislative Council may grant 
authority for the review committee to meet and conduct its business.
Sec. 5.  Duties.  Resolved: That the review committee shall:
1.  Review activities in other states that address the expungement, sealing, vacating of 
and otherwise limiting public access to criminal records;
2.  Consider "clean slate" legislation options;
3.  Consider whether the following convictions should be subject to different treatment:
A.  Convictions for conduct that has been decriminalized in this State over the last 10 
years and conduct that is currently under consideration for decriminalization; and
B.  Convictions for conduct that was committed by victims and survivors of sexual 
exploitation and sex trafficking;
4.  Consider whether there is a time limit after which some or all criminal records 
should not be publicly available;
5.  Invite comments and suggestions from interested parties, including but not limited 
to victim advocates and prison and correctional reform organizations;
6.  Review existing information about the harms and benefits of making criminal 
records confidential, including the use and dissemination of those records;
7.  Invite comments and suggestions concerning the procedures to limit public 
accessibility of criminal records;
8.  Consider who, if anyone, should continue to have access to criminal records that are 
not publicly available; and
9.  Develop options to manage criminal records.
Sec. 6.  Staff assistance.  Resolved: That the Legislative Council shall provide 
necessary staffing services to the review committee, except that Legislative Council staff 
support is not authorized when the Legislature is in regular or special session.
Sec. 7.  Report.  Resolved: That, no later than December 3, 2021, the review 
committee shall submit to the Joint Standing Committee on Judiciary a report that includes 
its findings and recommendations, including suggested legislation, for presentation to the 
Sec. 8.  Outside funding.  Resolved: That the review committee shall seek funding 
contributions to fully fund the costs of the study. All outside funding is subject to approval 
by the Legislative Council in accordance with its policies.
SUMMARY
This resolve establishes the Criminal Records Review Committee to review options for 
expunging and sealing criminal records.  The review committee is directed to submit a 
report to the Joint Standing Committee on Judiciary by December 3, 2021 with findings 
and recommendations.