An Act to Clarify the
Maine Legislature, Session 132, LD 1918
Committee Amendment CA_A_H983 (House)
Amends: 15 MRSA §2265, 15 MRSA §2266

COMMITTEE AMENDMENT uf-\ " to H.P. 1279, L.D. 1918, "An Act to Clarify the
Criminal History Record Information Act with Respect to Criminal Charges Dismissed as
the Result of a Plea Agreement"
Amend the bill by striking out the title and substituting the following:
'An Act to Clarify the Criminal History Record Information Act with Respect to
Criminal Charges Dismissed as the Result of a Plea Agreement and to Clarify
Dissemination of Sealed Criminal History Record Information to the Department of
Professional and Financial Regulation'
Amend the bill by inserting after the enacting clause 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. The Notwithstanding any provision of
law to the contrary, except as provided for in subsection 8. the Department 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 requu-ement 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Sec. 2. 15 MRSA §2265, sub-§6, as enacted by PL 2021,c. 674, §1,is repealed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 agencies. Notwithstandmg
anv provision of law to the contrary, except as provided in subsection 8. occupational and
professional Ucensine boards as established in Title 5. section 12004-A: agencies
oerfonnmg any reeulatorv functions wifhin 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 m 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;
COMMIHEE AMENDMENT
^os
COMMmTEE AMENDMENT "A-" to H.P. 1279, L.D. 1918
Sec. 3. 15 MRSA §2265, sub-§8, as enacted by PL 2021, c. 674, §1, is amendedto
read:
8. Subject to fingerprintmg. An entity that is required by federal or state law to
conduct a fingeiprint-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 agencies identified in subsection 5 or 6. this subsection is the exclusive basis
for disseminating that criminal history record mfQrmation 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 awlv to all criminal history record
information and any sealed record, mcludine convictions and nonconvictions. For the
purposes of this section, nonconviction" means a criminal charge that did not result in a
conviction. An entity receivine such mformation may use the disseminated record and
information contained in such record as may be reasonably necessary to conduct uublic
administrative oroceedmes to allow an aoolicant or licensee to demonstrate rehabilitation
under Title 5, chaBter 341. An entity receivine such information may use the disseminated
record and mformation contained in such record in any other adiudicatorv uroceedme. as
long as the disseminated information remains confidential but subject to disclosure to the
same extent as provided in Title 5,_section 90_57, subsectiQn 6, paragraoh B. Title 16.
section 708. subsections 4 and 5 aooly to any administrative proceeding addressed in this
naraeraph,
Sec. 5. 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 cruninal 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 cruninal 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.
Notwitlistandme 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 aopUcation to any entity identified in section 2265.
subsection 5 or 6 or when disclosure to any such entity is otherwise required by law. A
6 person's failure to make such required disclosure may result in any such entity withholdine.
denying or revoldng the license or other benefit forwhich the individual auolied or received
or itLsuch other administrative action as may be authorized by law.'
Amend the bill by inserting after section 2 the following:
'See. 3. Effective date. Those sections of this Act that amend the Maine Revised
Statutes, Title 16, section 703, subsection 2, paragraph G and that enact Title 16, section
705, subsection 5 take effect April 1, 2027.'
Amend the bill by relettermg or renumbering any nonconsecutive Part letter or section
number to read consecutively.
Page2-132LR2464(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "V
COMMITTEE AMENDMENT "/+" to H.P. 1279, L.D. 1918
SUMMARY
This amendment, which is the majority 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 permissible 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 clarifies a
license applicant's obligation to disclose sealed criminal history record information to these
entities. The amendment also provides an effective date of April 1, 2027 for the provisions
that clarify the Crimmal History Record Information Act with respect to criminal charges
dismissed as the result of a plea agreement.
FISCAL NOTE REQmRED
(See attached)
COMMITTEE AMENDMENT
Approved: 04/03/26 S^Kt-
LD 1918 LR 2464(02)
An Act to Clarify the Criminal History Record Information Act with Respect to Criminal Charges
Dismissed as the Result of a Plea Agreement
Fiscal Note for Bill as Amended by Committee Amendment
Committee: Criminal Justice and Public Safety
Fiscal Note Required: Yes
"kCW^
Fiscal Note
Minor cost increase - General Fund
Correctional and Judicial Impact Statements
The Judicial Branch may incur additional workload, including system-related updates, associated with implementing
the provisions of this bill. Any additional costs can be absorbed within existing budgeted resources.
Fiscal Detail and Notes
Any additional costs to the Department of Public Safety from the provisions of this bill are expected to be minor and
can be absorbed within existing budgeted resources.
LR2464(02) - Fiscal Note - Page 1 of 1