An Act to
Maine Legislature, Session 132, LD 1916
Committee Amendment CA_A_H985 (House)
Amends: 15 MRSA §2265

COMMITTEE AMENDMENT ..A,,
to H.P. 1277, L.D. 1916, "An Act to
Automatically Seal Criminal History Record Information for Class D and Class E Crunes
Relating to Marijuana Possession and Cultivation"
Amend the bill by striking out the title and substituting the following:
'An Act to Automatically Seal Criminal History Record Information for Class D and
Class E Crimes Relating to Marijuana Possession and Cultivation and to Clarify
Dissemination of Sealed Criminal History Record Information to the Department of
Professional and Financial Regulation
Amend the bill by mserting before section 1 the following:
'See. 1. 15 MRSA §2265, sub-§5, as enacted by PL 2021,c. 674,§1, is amended
to read:
5. Financial services regulatory agencies. ¥be Notwithstanding any provision of
law to the contrar/. except as provided for in subsection 8. fhe Deparhnent of Professional
and Financial Regulation, Bureau of Insurance, Bureau of Consumer Credit Protection,
Bureau of Financial Institutions and Office of Securities to ensure compliance with Titles
9-A, 9-B, 10, 24, 24-A and 32, as applicable, and any state or federal requirement to
perform criminal background checks by those agencies;
Sec. 2. 15 MRSA §2265, sub-§6, as enacted by PL 2021, c. 674, §1, is repealed
and the following enacted in its place:
6. Occupational and professional licensine boards and aeencies. Notwithstandmfi
any provision of law to the contrary, except as orovided in subsection 8. occupational and
professional licensine boards as established in Title 5. section 12004-A: aeencies
perfomiing any reeulatorv fimctions within the Office of ProfessiQnal and Occupational
Regulation as described in Title 10. section 8001 and affiliated with the Department of
Professional and Financial Reeulation as established in Title 10. section 800 1; the State
Harness Racine Commission as established m Title 5. section 12004-G. subsection 32; and
the Maine Criminal Justice Academy under Title 25. chapter 341;
COMMITTEE AMENDMENT
^
COMMTTTEE AMENDMENT"^." to H.P. 1277, L.D. 1916
Sec. 3. 15 MRSA §2265, sub-§8, as enacted by PL 2021, c. 674, § 1, is amended to
read:
8. Subject to fingerprinting. An entity that is required by federal or state law to
conduct a fingerprmt-based criminal history record check pursuant to Title 25, section
1542-A. To the extent this subsection applies tojhe dissemmation of any particular record
to boards and agencies identified in subsection 5 or 6. this subsection is the exclusive basis
for disseminatine that criminal history record information or sealed record.
Sec. 4. 15 MRSA §2265, as enacted by PL 2021,c. 674, § 1, is amended by enacting
at the end a new paragraph to read:
Disseminations authorized in subsections 5, 6 and 8 apply to all criminal history record
information and anv sealed record, includine convictions and nonconvictions. For the
Bumpses of Ms section, "nonconYiction," means a criminal charge that did not result in a
conviction. An entity receivine such information may use the disseminated record and
information contained in such record as mav be reasonably necessary to conduct uublic
administrative proceedings to allow an applicant or licensee to demonstrate rehabilitation
under Title 5, chapter 341. An entity receiving such information may use the dissemmated
record and information contained in such record in any other adiudicatorv nroceedine. as
lone as the disseminated information remains confidential but subject to disclosure as
provided in Title 5. section 9057. subsection 6. paragraph B. Title 16. section 708.
subsections 4 and 5 awlv to any administrative oroceedine addressed in this oaraeraph,
Sec. 5. IS MRSA §2266, as enacted by PL 2021 , c. 674, § 1, is amended to read:
§2266. Limited disclosure of eligible criminal conviction
A person whose eligible criminal conviction is the subject of a sealing order under
section 2264 may respond to inquiries from persons other than criminal justice agencies
and other than 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 criminal conviction is sealed does not violate Title
17-A, section 451, 452 or 453 by not disclosing the sealed criminal conviction.
Notwithstandine any provision of law to the contrary, a person shall disclose all criminal
history record information that is the subject of a sealing order under section 2264 when
the disclosure is requested as part of an aoolication to any entity identified in section 2265.
subsection 5 or 6 or when disclosure to any such entity is otherwise required by law, A
5 person's failure to make such required disclosure may result in any such entitywithholdine.
6 denvine or revokine the license or other benefit for which the individual aoolied or received
or in such other administrative action as may be authorized by law.'
Amend the bill m section 2 m the last line (page 4, line 6 in L.D.) by striking out the
following: "January 1, 2026" and inserting the following: 'April 1,2027'
Amend the bill by inserting after section 2 the following:
'See. 3. Appropriations and allocations. The following appropriations and
allocations are made,
JUDICIAL DEPARTMENT
Page2-l32LR2461(02)
COMMITTEE AMENDMENT
,0^
A'
COMMITTEE AMENDMENT "^+ " to H.P. 1277, L.D. 1916
Courts - Supreme, Superior and District 0063
Initiative: Establishes 2 limited-period Law Clerk positions through June 30, 2028 and
provides funding for related All Other costs.
GENERAL FUND 2025-26 2026-27
Personal Services $0 $216,000
AllOther $0 $8,000
GENERAL FUND TOTAL $0 $224,000
Courts - Supreme, Superior and District 0063
Initiative: Provides one-time All Other funding for contracted temporary staffing to assist
with reviewing cases,
GENERAL FUND 2025-26 2026-27
AllOther $0 $232,800
GENERAL FUND TOTAL $0 $232,800
Courts - Supreme, Superior and District 0063
Initiative: Provides one-time funding for compensation to active retired judges to review
cases.
GENERAL FUND 2025-26 2026-27
AllOther $0 $25,375
GENERAL FUND TOTAL $0 $25,375
JUDICIAL DEPARTMENT
DEPARTMENT TOTALS 2025-26 2026-27
2627 GENERAL FUND $0 $482,175
DEPARTMENT TOTAL - ALL FUNDS $0 $482,175
PUBLIC SAFETY, DEPARTMENT OF
State Police 0291
Initiative: Provides funding for one SBI Specialist, one Paralegal position and related AU
Other costs to automatically seal certain criminal history record information.
GENERAL FUND
POSITIONS - LEGISLATIVE COUNT
Personal Services
All Other
GENERAL FUND TOTAL $0 $160,053
HIGHWAY FUND 2025-26 2026-27
COMMITTEE AMENDMENT
2025-26
0.000
$0
$0
2026-27
2.000
$114,761
$45,292
f
COMMITTEE AMENDMENT "M " to H.P. 1277, L.D. 1916
Personal Services $0 $61,794
All Other $0 $24,388
HIGHWAY FUND TOTAL $0 $86,182
PUBLIC SAFETY, DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
GENERAL FUND $0 $160,053
HIGHWAY FUND $0 $86,182
DEPARTMENT TOTAL - ALL FUNDS $0 $246,235
SECTION TOTALS 2025-26 2026-27
1516 GENERAL FUND $0 $642,228
HIGHWAY FUND $0 $86,182
SECTION TOTAL-ALL FUNDS $0 $728,410
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the minority report of the committee, changes the title and
clarifies the list of entities to which sealed criminal history record mformation may be
disseminated; the basis for such dissemination; and the pemussible use of the disseminated
sealed criminal history record information by the Department of Professional and Financial
Regulation, its agencies and boards and certain other entities. The amendment also clarifies
a license applicant's obligation to disclose sealed criminal history record information to
these entities. The amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)
Page4-132LR2461(02)
COMMITTEE AMENDMENT
Approved: 03/24/26 LKl-
LD 1916 LR 2461(02)
An Act to Automatically Seal Criminal History Record Information for Class D and Class E Crimes
Relating to IVIarijuana Possession and Cultivation
Fiscal Note for Bill as Amended by Committee Amendment "R^ ( \-\^
Committee: Criminal Justice and Public Safety
Fiscal Note Required: Yes
Fiscal Note
FY 2025-26
$0
$0
$0
$0
FY 2026-27
$642,228
$86,182
$642,228
$86,182
Projections
FY 2027-28
$604,835
$70,907
$604,835
$70,907
Projections
FY 2028-29
$135,964
$73,212
$135,964
$73,212
Net Cost (Savings)
General Fund
Highway Fund
Appropriations/Allocations
General Fund
Highway Fund
Fiscal Detail and Notes
The bill includes a General Fund appropriation of $160,053 and a Highway Fund allocation of $86,182 to the
Department of Public Safety in fiscal year 2026-27 for one SBI Specialist, one Paralegal position and related All
Other costs to automatically seal certain criminal history record information.
The bill also includes a one-time General Fund appropriation to the Judicial Department of $482,175 in fiscal year
2026-27 for 2 limited-period Law Clerk positions, contracted temporary staffing and payments to active retired judges
to review criminal history record information to determine whether certain criminal convictions relating to cannabis
possession and cultivation qualify to have the record sealed,
Any additional costs to the Office of the Attorney General to adopt the changes in this bill are expected to be minor
and can be absorbed within existing budgeted resources.
LR2461(02) - Fiscal Note - Page 1 of 1