An Act to Automatically Seal Criminal History Record Information for Class D and Class E Crimes Relating to Marijuana Possession and Cultivation
Maine Legislature, Session 131, LD 2269
Committee: Judiciary

Legislative Document
No. 2269
H.P. 1459
House of Representatives, March 14, 2024
An Act to Automatically Seal Criminal History Record Information 
for Class D and Class E Crimes Relating to Marijuana Possession 
and Cultivation
Reported by Representative MOONEN of Portland for the Joint Standing Committee on 
Judiciary pursuant to Resolve 2023, chapter 103, section 7.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA c. 313 is enacted to read:
CHAPTER 313
AUTOMATIC SEALING OF CERTAIN CRIMINAL HISTORY RECORD 
INFORMATION
§2401. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Another jurisdiction.  "Another jurisdiction" has the same meaning as in Title 
17‑A, section 2, subsection 3‑B.
2.  Bureau.  "Bureau" means the Department of Public Safety, Bureau of State Police, 
State Bureau of Identification.
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 crime committed on or after January 1, 2001 and prior to January 30, 2017 for the 
following:
A. Aggravated trafficking, furnishing or cultivation of scheduled drugs under Title 
17-A, former section 1105 when the person was convicted of cultivating scheduled 
drugs, that scheduled drug was marijuana and the underlying crime was a Class D or 
Class E crime;
B. Aggravated cultivating of marijuana under Title 17-A, section 1105-D, subsection 
1, paragraph A, subparagraph (4);
C. Aggravated cultivating of marijuana under Title 17-A, section 1105-D, subsection 
1, paragraph B-1, subparagraph (4);
D. Aggravated cultivating of marijuana under Title 17-A, section 1105-D, subsection 
1, paragraph C, subparagraph (4);
E. Aggravated cultivating of marijuana under Title 17-A, section 1105-D, subsection 
1, paragraph D, subparagraph (4);
F. Unlawful possession of scheduled drugs under Title 17-A, former section 1107 when 
that scheduled drug was marijuana and the underlying crime was a Class D or Class E 
crime;
G. Unlawful possession of scheduled drugs under Title 17-A, section 1107-A, 
subsection 1, paragraph F, subparagraph (1) or (2); or
H. Cultivating marijuana under Title 17-A, section 1117, subsection 1, paragraph B, 
subparagraph (3) or (4).
§2402. Statutory prerequisites for automatic sealing of 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.  Other convictions in this State.  The person has not been convicted of a 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 the bureau submits the criminal history record information 
related to that eligible criminal conviction to the Administrative Office of the Courts under 
section 2403, subsection 2;
3.  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 the bureau transfers the 
criminal history record information related to that eligible criminal conviction to the 
Administrative Office of the Courts under section 2403, subsection 2; and
4.  Pending criminal charges.  The person does not have any pending criminal charges 
in this State or in another jurisdiction.
§2403. Automatic sealing of criminal history record information
Criminal history record information for an eligible criminal conviction in which the 
person convicted meets the requirements of section 2402 must be sealed in accordance with 
this section.
1. Monthly examination of records. The bureau shall at least once a month examine 
criminal history record information collected and maintained by the bureau pursuant to 
Title 25, section 1541, subsection 4-A to identify criminal history record information that 
may meet the requirements of section 2402.
The Commissioner of Public Safety may adopt rules to carry out the purposes of this 
subsection.  Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A.
2. Transfer of records; records review. If the bureau determines that any criminal 
history record information examined pursuant to subsection 1 meets the requirements of 
section 2402, the bureau shall transfer that criminal history record information, along with 
any supporting documents or data, to the Administrative Office of the Courts. Upon receipt, 
the Administrative Office of the Courts shall review its files to determine whether it has in 
its possession any criminal history record information or other information related to the 
criminal history record information submitted to it by the bureau. The Administrative 
Office of the Courts shall transfer any information or data found along with the information 
and data received from the bureau and any additional supporting documents the 
Administrative Office of the Courts determines relevant to the court with jurisdiction in the 
underlying criminal proceeding.
3. Review; written findings. Upon receipt of criminal history record information, 
along with any supporting documents or data, and information under subsection 2, the court 
with jurisdiction in the underlying criminal proceeding shall review those records, data and 
information to determine if the records, data and information meet the requirements of 
subsection 2402.
A. If the court determines that the records under this subsection meet the requirements 
of section 2402, the court shall issue an order sealing the criminal history record 
information of the eligible criminal conviction that was the subject of the records 
reviewed.
B. If the court determines that the records under this subsection do not establish one or 
more of the requirements of section 2402, the court shall issue a written order 
containing findings of fact supporting the court's determination that the records are not 
subject to automatic sealing.
4.  Notice to the bureau.  The court shall electronically transmit notice of the court's 
order under subsection 3 to the bureau. If the court issues an order sealing the criminal 
history record information under subsection 3, paragraph A, the bureau shall promptly 
amend its records relating to the person's eligible criminal conviction for automatic sealing 
to reflect that the criminal history record information relating to that criminal conviction is 
sealed and that dissemination is governed by section 2265, and the bureau shall send 
notification of compliance with this subsection to the person's last known address.  If the 
court issues an order denying the sealing of criminal history record information under 
subsection 3, paragraph B, the bureau shall file that order with the corresponding criminal 
history record information.
5. Cooperation. The Department of Public Safety, Bureau of State Police; Department 
of Corrections; judicial branch; and criminal justice agencies that collect, maintain or 
disseminate criminal history record information shall cooperate with the bureau and assist 
it with carrying out the purposes and duties of this section.
§2404. Limited disclosure of eligible criminal conviction
A person whose eligible criminal conviction is the subject of a sealing order under 
section 2403, subsection 3, paragraph A may respond to inquiries from persons other than 
criminal justice agencies and other 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 eligible criminal conviction is the 
subject of a sealing order does not violate Title 17‑A, section 451, 452 or 453 by not 
disclosing the eligible criminal conviction.
§2405. Review of determination of eligibility; motion to seal criminal history record 
information
1. Appeal by person. A person aggrieved by a written order under section 2403, 
subsection 3, paragraph B may not appeal as a matter of right. The manner for a person to 
file a motion to appeal must be determined by rule of the Supreme Judicial Court. 
2. Appeal by State.  If the State is aggrieved by an order under section 2403, subsection 
3, paragraph A, the State may appeal as a matter of right, and a certificate of approval by 
the Attorney General is not required. The manner and any conditions for an appeal by the 
Attorney General must be determined by rule of the Supreme Judicial Court.
3. Motion to seal criminal history record information; alternative to automatic 
sealing. This chapter may not be construed to prevent a person from filing a written motion 
seeking a court order sealing the person's criminal history record information relating to a 
specific criminal conviction in accordance with section 2263.
SUMMARY
This bill implements a recommendation of the Criminal Records Review Committee. 
The bill creates a process to automatically seal or make confidential criminal history record 
information related to convictions for marijuana possession and cultivation related crimes 
committed on or after January 1, 2001 and prior to January 30, 2017. The process requires 
the Department of Public Safety, Bureau of State Police, State Bureau of Identification to 
review monthly the criminal history record information obtained in its files to determine if 
the underlying convictions for certain criminal history record information qualifies for 
automatic sealing. If it does, it must transfer that information to the Administrative Office 
of the Courts, which is required to do the same with its files for the corresponding 
underlying convictions.
Once the Administrative Office of the Courts has compiled all of the relevant 
information, the bill requires the Administrative Office of the Courts to submit that 
information to the Superior Court or District Court in the underlying criminal proceeding. 
That court is required to determine whether the underlying criminal conviction qualifies to 
have the criminal history record information related to the conviction sealed. If it does 
qualify, the court is required to send notice to the State Bureau of Identification to make 
that criminal history record information confidential. If it does not qualify, the court is 
required to send the order denying seal to the State Bureau of Identification to be filed with 
the criminal history record information for that underlying conviction.
The bill provides that a person aggrieved by a finding that the person's conviction does 
not qualify for automatic sealing does not have a right to appeal, but the Supreme Judicial 
Court may make rules for the manner for taking appeal. Regardless of a finding that a 
person's conviction does not qualify for automatic sealing, the person is still permitted to 
file a motion to seal the criminal history record information for that conviction. The State 
may appeal a decision granting automatic sealing of an eligible criminal conviction as a 
matter of right.