An Act Regarding a Post-judgment Motion by a Person Seeking To Satisfy the Prerequisites for Obtaining Special Restrictions on the Dissemination and Use of Criminal History Record Information for Certain Criminal Convictions
Maine Legislature, Session 130, LD 1459
Committee: Judiciary
Sponsors: TALBOT ROSS
Amends: 16 MRSA §707

Legislative Document
No. 1459
H.P. 1075
House of Representatives, April 12, 2021
An Act Regarding a Post-judgment Motion by a Person Seeking To 
Satisfy the Prerequisites for Obtaining Special Restrictions on the 
Dissemination and Use of Criminal History Record Information for 
Certain Criminal Convictions
Received by the Clerk of the House on April 8, 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.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA c. 310-A is enacted to read:
CHAPTER 310-A
POST-JUDGMENT MOTION BY PERSON SEEKING TO SATISFY THE 
PREREQUISITES FOR OBTAINING SPECIAL RESTRICTIONS ON 
DISSEMINATION AND USE OF CRIMINAL HISTORY RECORD 
INFORMATION FOR CERTAIN CRIMINAL CONVICTIONS
§2261.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Administration of criminal justice.  "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.
6.  Eligible criminal conviction.  "Eligible criminal conviction" means a conviction 
for a current or former Class D or Class E crime, except:
A.  A conviction for a current or former Class D crime under Title 17-A, chapter 11 or 
or Title 17-A, section 852, 853 or 855;
B.  A conviction for stalking under Title 17-A, section 210-A or 210-C;
C.  Unless a sentence has been commuted, any conviction involving a crime of 
domestic violence or any crime involving domestic violence, as defined in section 
1003, subsection 3-A;
D.  If 20 years have not yet passed since the judgment of conviction was entered, a 
crime against a family or household member, as defined in Title 19-A, section 4002, 
subsection 4, regardless of whether the relationship was an element of that crime;
E.  If 20 years have not yet passed since the judgment of conviction was entered, a 
violation of a condition of release, pursuant to section 1092, committed while the 
defendant is released on preconviction or post-conviction bail for a charge that involves 
a crime against a family or household member, as defined in Title 19-A, section 4002, 
subsection 4, regardless of whether the relationship was an element of that crime;
F.  A violation of a protective order, as specified in section 321, subsection 6; Title 5, 
section 4659, subsection 2; Title 17-A, section 506-B; Title 19-A, section 4011, 
subsection 3; or Title 19-A, section 4012, subsection 5; and
G.  A conviction for cruelty to animals under Title 17, section 1031.
§2262.  Statutory prerequisites for obtaining special restrictions on dissemination and 
use of criminal history record information for a criminal conviction
The special restrictions on dissemination and use of criminal history record information 
for a criminal conviction specified in section 2265 apply 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 for the eligible criminal 
conviction;
3.  Other state convictions.  The person has not been convicted of another criminal 
violation 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 between the time at which the person fully satisfied each of the sentencing 
alternatives imposed for the most recent eligible criminal conviction and the filing of the 
motion under this chapter;
4.  Convictions in another jurisdiction.  The person has no criminal convictions from 
another jurisdiction between the time at which the person fully satisfied each of the 
sentencing alternatives imposed for the most recent eligible criminal conviction and the 
filing of the motion under this chapter; and
5.  Pending criminal charges.  The person has no presently pending criminal charges 
in this State or in another jurisdiction.
§2263.  Motion; persons who may file
A person may file a written motion in the underlying criminal proceeding seeking a 
court determination that the person satisfies the statutory prerequisites specified in section 
2262 for obtaining the special restrictions on dissemination and use of criminal history 
record information relating to a criminal conviction as specified in section 2265.  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 a motion has been filed, the clerk shall set the 
motion for hearing.
2.  Counsel.  The person filing a motion pursuant to section 2263 has the right to 
employ counsel but is not entitled to assignment of counsel at state expense.
3.  Representation of the 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, and evidence presented at a hearing by the participants may include 
testimony, affidavits and other reliable hearsay evidence as permitted by the court.
5.  Hearing; certification of results.  The judge or justice shall hold a hearing on the 
motion 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 find the person entitled 
to the special restrictions on dissemination and use of the criminal history record 
information relating to the criminal conviction as specified in section 2265 and shall issue 
a written order certifying this determination.  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 deny the motion and issue a written order 
certifying this determination.  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 court determines pursuant to 
subsection 5 that a person has established by a preponderance of the evidence each of the 
statutory prerequisites specified in section 2262, a copy of the court's written order 
certifying its determination must be provided to the Department of Public Safety, Bureau 
of State Police, State Bureau of Identification for all criminal offenses deemed retainable 
pursuant to Title 25, section 1547.  The State Bureau of Identification upon receipt of the 
order shall promptly amend its records relating to the person's eligible criminal conviction 
to reflect that future dissemination of this criminal history record information must be 
pursuant to section 2265 rather than pursuant to Title 16, section 704.  The State Bureau of 
Identification shall send notification of compliance with that requirement to the person's 
last known address.  
7.  Subsequent new criminal conviction; automatic loss of eligibility; person's duty 
to notify.  Notwithstanding that a person has been determined by a court pursuant to 
subsection 5 to be entitled to the special restrictions on dissemination and use of criminal 
history record information relating to a criminal conviction specified in section 2265, if at 
any time subsequent to the court's determination the person is convicted of a new crime in 
this State or in another jurisdiction, the new conviction extinguishes that entitlement.  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 entitlement 
identifying the new conviction, including the jurisdiction, court and docket number of the 
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 
its apparent existence and offer the person an opportunity at a hearing to contest the fact of 
a new conviction.  If a hearing is requested by the person, 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 does not 
have the new conviction.  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 convicted 
of the new crime and as a consequence is no longer entitled to the special restrictions on 
dissemination and use of the criminal history record information relating to the criminal 
conviction as specified in section 2265 and shall issue a written order certifying this 
determination.  If, at the conclusion of the hearing, the court determines that the person has 
satisfied the burden of proof, it shall find that the person has not been convicted of the new 
crime and issue a written order certifying this determination.  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.
8.  Notice to State Bureau of Identification of new crime.  If the court determines 
under subsection 7 that a person has been convicted of a new crime and as a consequence 
is no longer eligible for the special restrictions on dissemination and use of the criminal 
history record information relating to the criminal conviction as specified in section 2265, 
a copy of the court's written order certifying its determination must be provided to the 
Department of Public Safety, Bureau of State Police, State Bureau of Identification.  The 
State Bureau of Identification upon receipt of the order shall promptly amend its records 
relating to the person's criminal conviction to reflect that dissemination of this criminal 
history record information is pursuant to Title 16, section 704 rather than pursuant to 
section 2265.  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 relating to criminal conviction
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 is confidential and may not be disseminated by a 
criminal justice agency, whether directly or through any intermediary, except:
1.  Subject of conviction.  To the person who is the subject of the criminal conviction 
or that person's designee;
2.  Criminal justice agency.  To 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 dissemination and use of the 
criminal history record information relating to the eligible 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;
3.  Secretary of State.  To the Secretary of State to ensure compliance with federal 
motor vehicle law;
4.  Victims.  To 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 or intellectual disability or autism or other reason, to an 
immediate family member, guardian, legal custodian or attorney representing the 
victim;
5.  Office of Securities.  To the Department of Professional and Financial Regulation, 
Office of Securities to ensure compliance with securities laws pursuant to Title 32, section 
16412, subsection 4, paragraph C;
6.  Financial institutions.  To a financial 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
7.  Pursuant to court order.  In accordance with an order issued on a finding of good 
cause by a court of competent jurisdiction.  Good cause includes a finding that access to 
the criminal history record information may be necessary for the determination of any issue 
before the court.
§2266.  Limited disclosure of eligible criminal conviction
A person who has a criminal conviction eligible for the special restrictions on 
dissemination and use of criminal history record information under section 2265 for which 
the court has determined the person is entitled to special restrictions on dissemination may 
respond to inquiries from other than criminal justice agencies by not disclosing its existence 
without being subject to any sanctions.
§2267.  Unlawful dissemination
A person who intentionally disseminates criminal history record information relating 
to a criminal conviction in violation of section 2265 knowing it to be in violation is guilty 
of unlawful dissemination as provided in Title 16, section 707.
§2268.  Review of determination of eligibility; review of determination of subsequent 
criminal conviction
A final judgment entered under section 2264, subsection 5 or 7 may be reviewed by 
the Supreme Judicial Court.
1.  Appeal by the person.  A person aggrieved by the final judgment under section 
2264, subsection 5 or 7 may not appeal as of right.  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.
2.  Appeal by the State.  If the State is aggrieved by the final judgment 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.
Sec. 2.  16 MRSA §707, sub-§1, as amended by PL 2015, c. 354, §2, is further 
amended to read:
1.  Offense.  A person other than a person receiving confidential criminal history record 
information pursuant to section 2265, subsection 4 is guilty of unlawful dissemination of 
confidential criminal history record information if the person intentionally disseminates 
confidential criminal history record information knowing it to be in violation of any of the 
provisions of this chapter or if the person intentionally disseminates criminal history record 
information relating to a criminal conviction in violation of Title 15, section 2255 2265 
knowing it to be in violation.
SUMMARY
This bill replaces the special process to seal certain criminal records, found in the 
Maine Revised Statutes, Title 15, chapter 310, that was repealed by its own terms on 
October 1, 2019.
The bill uses the same process to seal criminal records of an eligible criminal 
conviction as in the repealed law.  The bill defines "eligible criminal conviction" to include 
all current and former Class D and Class E crimes except for:
1.  Class D crimes contained in Title 17-A, chapter 11, Sexual Assaults;
2.  Class D crimes contained in Title 17-A, chapter 12, Sexual Exploitation of Minors;
3.  The Class D and Class E crimes of aggravated sex trafficking, sex trafficking and 
patronizing prostitution of a minor or a person with a mental disability;
4.  Stalking and domestic violence stalking;
5.  Any crime involving domestic violence, unless the sentence has been commuted;
6.  A crime against a family or household member before 20 years have passed since 
entry of the judgment of conviction;
7.  A conviction for a violation of a condition of release for a charge that involves a 
crime against a family or household member before 20 years have passed since entry of the 
judgment of conviction;
8.  A conviction for a violation of a protective order under Title 5, section 4659, 
subsection 2; Title 15, section 321, subsection 6; Title 17-A, section 506-B; Title 19-A, 
section 4011, subsection 3; or Title 19-A, section 4012, subsection 5; and
9.  A conviction for cruelty to animals.
A person with an eligible criminal conviction may file a motion for the special 
restrictions on dissemination and use of criminal history record information for an eligible 
criminal conviction if at least 4 years have passed since the person fully satisfied each of 
the sentencing alternatives imposed for the conviction; the person has not been convicted 
of another criminal violation 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 no criminal convictions in another jurisdiction since satisfying the sentencing 
alternatives; and the person has no presently pending criminal charges in this State or in 
another jurisdiction.
The court must hold a hearing on the motion and, if the court determines all the 
requirements have been met, the court must find the person entitled to the special 
restrictions on dissemination and issue a written order certifying the determination.  A copy 
of the order must be provided to the person and the prosecutorial office that prosecuted the 
person.  The order must also be provided to the Department of Public Safety, Bureau of 
State Police, State Bureau of Identification, which must promptly amend its records relating 
to the eligible criminal conviction.
If the person is convicted of a crime after the court's order, the new conviction 
extinguishes the entitlement.  The person is required to file notice of the new conviction, 
but if the person does not do so, the court is required to notify the person of the new 
conviction and offer an opportunity for a hearing to contest the fact of the new conviction.  
If the court determines that there is a new criminal conviction, the court must issue an order 
that the person is no longer eligible to have the criminal record sealed.  That order must be 
submitted to the State Bureau of Identification.
When a person's records are subject to the special restrictions on dissemination and 
use, the criminal history record information is confidential and may not be disseminated by 
a criminal justice agency to anyone except the following for limited purposes:  the person; 
a criminal justice agency; the Secretary of State; victims; the Department of Professional 
and Financial Regulation, Office of Securities; and financial institutions.  The criminal 
history record information may also be disseminated pursuant to court order.
A person whose criminal conviction is covered by the special restrictions on 
dissemination and use may respond to inquiries from other than criminal justice agencies 
by not disclosing its existence without being subject to any sanctions.
The State may appeal as of right an order to seal a record; the person may appeal, but 
not as of right, when the court does not order the record sealed.