An Act to Automatically Seal Criminal History Record Information
Maine Legislature, Session 132, LD 1916
Committee: Judiciary

Legislative Document
No. 1916
H.P. 1277
House of Representatives, May 6, 2025
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 KUHN of Falmouth for the Joint Standing Committee on 
Judiciary pursuant to Resolve 2023, chapter 103, section 8.
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
§2331.  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 aggravated crime was a Class D 
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 D, subparagraph (4); or 
E. Unlawful possession of scheduled drugs under Title 17-A, former section 1107 when 
that scheduled drug was marijuana and the crime was a Class D or Class E crime.
§2332.  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 2333, 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 2333, subsection 2; and
4.  Pending criminal charges.  The person does not have any pending criminal charges 
in this State or in another jurisdiction.
§2333.  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 2332 must be sealed by the court having 
jurisdiction over the criminal proceeding that resulted in the eligible criminal conviction 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 2332.
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 2332, 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 having jurisdiction 
over 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 
having jurisdiction over the underlying criminal proceeding shall review those records, data 
and information to determine if the records, data and information meet the requirements of 
subsection 2332.
A. If the court determines that the records under this subsection meet the requirements 
of section 2332, 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 2332, 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 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.
§2334.  Limited disclosure of eligible criminal conviction
A person whose eligible criminal conviction is the subject of a sealing order under 
section 2333, 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.
§2335.  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 2333, 
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 2333, 
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.
Sec. 2.  Rules.  The Supreme Judicial Court shall establish rules relating to the process 
of appealing a motion to seal criminal history record information by January 1, 2026.
SUMMARY
This bill is reported out by the Joint Standing Committee on Judiciary to implement 
statutory changes recommended by the Criminal Records Review Committee.  The Joint 
Standing Committee on Judiciary has not taken a position on the substance of this bill.  By 
reporting this bill out, the committee is not suggesting and does not intend to suggest that 
it agrees or disagrees with any aspect of this bill; instead, the committee is reporting the 
bill out for the sole purpose of having a bill printed that can be referred to the committee 
for an appropriate public hearing and subsequent processing in the normal course.  The 
committee is taking this action to ensure clarity and transparency in the legislative review 
of the proposals contained in the bill.
The 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 for engaging in 
conduct that is no longer illegal under the State's adult use cannabis laws.  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 
qualify for automatic sealing.  If a conviction qualifies for the sealing of information, the 
bureau 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 having jurisdiction over the underlying 
criminal proceeding that resulted in the conviction.  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 bureau to make that criminal history record information confidential.  If it 
does not qualify, the court is required to send the order denying the sealing of information 
to the bureau 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 such an 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.