An Act to Allow the
Maine Legislature, Session 132, LD 1917
Committee Amendment CA_A_H984 (House)
Amends: 15 MRSA §2261, 15 MRSA §2265, 15 MRSA §2266

COMMITTEE AMENDMENT "/f " to H,P. 1278, L.D. 1917, "An Act to Allow the
Sealing of Criminal History Record Information Related to Convictions for Conduct That
Is No Longer a Crime in the State"
Amend the bill by striking out the title and substituting the following:
'An Act to Allow the Sealing of Criminal History Record Information Related to
Convictions for Conduct That Is No Longer a Crime in the State and to Clarify
Dissemination of Sealed Criminal History Record Information to the Department of
Professional and Financial Regulation'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 15 MRSA §2261, sub-§6, ^B, as amended by PL 2025,c. 513,§3, is further
amended by amending subparagraph (5) to read:
(5) Unlawful possession of a scheduled drug under Title 17-A, former section
1107 when that drug was marijuana and the underlying crime was a Class D crime;
aad
Sec. 2. 15 MRSA §2261, sub-§6, ^[C, as enacted by PL 2025, c. 513, §4, is
amended to read:
C. For a motion under section 2262-B, a criminal conviction for any current or former
crimer: and
Sec. 3. 15 MRSA §2261, sub-§6, ^D is enacted to read:
D. A conviction for conduct that. subsequent to the conviction, the conduct is no longer
a crime,
See. 4. IS MRSA §2265, sub-§5, as enacted by PL 2021, c. 674, §1, is amended to
read:
5. Financial services regulatory agencies. The Notwithstanding any provision of
law to the contrary, except as provided for in subsection 8. the Department of Professional
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT "/+" to H.P. 1278, L.D. 1917
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Sec. 5. 15 MRSA §2265, sub-§6, as enacted by PL 2021, c. 674, §1, is repealed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 licensme boards and aeencies. Notwithstandine
any provision of law to the contrary, except as provided in subsection 8. occupational and
Brofessional licensine boards as established in Title 5. section 12004-A: aeencies
performing any regulatory functions^ wjthm the Office of Professional 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 8001; the State
Harness Racing Commission as established in Title 5. section 12004-G. subsection 32: and
the Maine Criminal Justice Academy under Title 25. chapter 341;
Sec. 6. 15 MRSA §2265, sub-§8, as enacted by PL 2021, c, 674, § 1, is amended to
read:
8. Subject to fiagerprintmg. An entity that is required by federal or state law to
conduct a fingerprint-based criminal history record check pursuant to Title 25, section
1542-A. To the extent this subsection applies to the dissemination of any particular record
to boards and aeencies identified in subsection 5 or 6. this subsection is the exclusive basis
for disseminatine that criminal history record information or sealed record.
Sec. 7. 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 aoolv to all criminal history record
infomiation and anv sealed record, including convictions and nonconvictions. For the
purposes of this section. "nonconviction" means a criminal charge that did not result in a
conviction. An entity receiving such information may use the disseminated record and
information contained in such record as may be reasonably necessary to conduct public
administrative proceedinss to allow an applicant or licensee to demonstrate rehabilitation
under Title 5. chapter 341. An entity receivine such information may use the disseminated
record and information contained in such record in any other adiudicatorv oroceeding. as
lone as the disseminated information remains confidential but subiect to disclosure as
provided in Title 5. section 9057. subsection 6. oaraeraoh B. Title 16. section 708.
subsections 4 and 5 apply to any administrative oroceeding addressed in this oaraeraph.
See. 8. 15 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.
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT '7T" to H.P. 1278, L.D. 1917
Notwithstandine any provision of law to the contrary, a person shall disclose all criminal
MstorvLrecord mfbrmation that is the subject of a sealing order under section 2264 when
the disclosure is requested as part of an application to any entity identified in section 2265.
subsection 5 or 6 or when disclosure to any such entity is otherwise required bv law. A
Berson'siailure to make such required disclosure may result in any such entity withholding.
denvine or revoking the license or other benefit for which the individual applied or received
or in such other administrative action as may be authorized bv law.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill,
changes the title and clarifies the list of entities to which sealed criminal history record
information may be disseminated, the basis for such dissemination and the permissible use
of disseminated sealed criminal history record information by the Department of
Professional and Financial Regulation, its agencies and boards and certain other entities.
The amendment clarifies a license applicant's obligation to disclose sealed criminal history
record information to these entities. The amendment also clarifies that for the conduct to
be an eligible criminal conviction, the conduct must no longer be a crime.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/24/26 t-KI-
LD 1917 LR 2457(02)
An Act to Allow the Sealing of Criminal History Record Information Related to Convictions for
Conduct That Is No Longer a Crime in the State
Fiscal Note for Bill as Amended by Committee Amendment'
Committee: Criminal Justice and Public
Fiscal Note Required: Yes
Committee: Criminal Justice and Public Safety
w-w
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the Department of Public Safety to implement the provisions of this bill are expected to be
minor and can be absorbed within existing budgeted resources.
LR2457(02) - Fiscal Note - Page 1 of 1