An Act to
Maine Legislature, Session 132, LD 1911
Committee Amendment CA_A_S634 (Senate)
Amends: 15 MRSA §2265

COMMITTEE AMENDMENT "/1 " to S.P. 752, L.D. 1911, "An Act to
Automatically Seal Criminal History Record Information for Certain Crimes"
Amend the bill by striking out all of section 4 and inserting the following;
'See. 4. 15 MRSA §2265, first % as enacted by PL 2021, c. 674, § 1, is amended to
read:
Notwithstanding Title 1 6, section 704, the criminal history record information relating
to a criminal conviction sealed under section 2264. 2403 or 2404 is confidential, must be
treated as confidential criminal history record information for the purposes of
dissemination to the public under Title 16, section 705 and may not be disseminated by a
criminal justice agency, whether directly or through any intermediary, except as provided
in Title 16, section 705 and as set out in this section. In addition to the dissemination
authorized by Title 16, section 705, a criminal justice agency may disseminate the sealed
criminal history record information to:
See. 5. 15 MRSA §2265, sub-§5, as enacted by PL 2021,c. 674, § 1, is amended to
read:
5. Financial services regulatory agencies. 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 requirement to perfomi criminal
background checks by those agencies. Except as provided in subsection 8. this subsection
is otherwise effective notwithstandine any provision of law to the contrary;
See. 6. IS MRSA §2265, sub-§6, as enacted by PL 2021, c. 674, §1,is repealed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 Ucensine boards and aeencies. Occupational and
nrofessional Hcensine boards established in Title 5. section 12004-A: any reeulatorv
functions within the Office of Professional and Occupational Reeulation as described in
Title 10. section 800 1; any regulatory functions of a board affiliated with the Department
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of Professional aud Financial Reeulation pursuant to Title 10. section 8001-A; 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. Except as provided in
subsection 8. this subsection is otherwise effective notwithstanding any Drovision of law to
the contrary;
Sec. 7. 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 fmgerprint-based criminal history record check pursuant to Title 25, section
1542-A, To the extent that a board or agency authorized to receive sealed records under
subsection 5 pr 6 is required by federal or state law to conduct a fmeerprmt-based criminal
history record check pursuant to Title 25. section 1542-A. the dissemination of criminal
history record information sealed under section 2264.2403 or 2404 to the board or agency
is exclusively aoverned by this subsection.
Dissemmations authorized in this subsection, subsection 5 and subsection 6 aoolv to all
criminal history record information and any sealed record, includine convictions and
nonconvictions. An entity receivine such information under this subsecUon. subsection 5
or subsection 6 may further disseminate such information to the Office of the Attorney
General. An entity receivine such information may use the disseminated record and
information contained in such record as may be reasonably necessary to conduct public
administrative oroceedines to allow an aDolicant or licensee to demonstrate rehabiHtation
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 oroceeduia. as
long as the disseminated information remains confidential but subject to disclosure as
orovided in Title 5. section 9057. subsection 6. paraeraoh B. Title 16. section 708.
subsectiQns 4 and 5 apply to any administrative oroceedme addressed in this subsection.
Sec. 8. 15 MRSA c. 313 is enacted to read:
CHAPTER 313
AUTOMATIC SEALING OF CERTAIN CRIMINAL HISTORY RECORD
INFORMATION
S2401. Definitions
As used in this chapter, unless the context otherwise indicates, the followina terms
3 hayejhe followine meaninRS ,
1. Bureau. "Bureau" means the Department of Public Safety. Bureau of State Police.
5 State Bureau of Identification,
2. Criminal history record information. "Criminal history record informatioti" has
the same meaning as in Title 16. section 703. subsection 3.
3. Criminal Justice aeencv. "Criminal justice agency" has the same meanine as in
Title 16. section 703. subsection 4.
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COMMITTEE AMENDMENT" ^ " to S.P. 752, L.D. 1911 (.X
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4. Dissemination. "Dissemination" has the same meanina as in Title 16. section 703.
subsection 6.
5. Eli2Jble criminal conviction. "Eliaible criminal conviction" means:
A, A conviction for a current or former Class E crime, except:
d1 A conviction for a current or former Class E crime under Title 17-A. chapter
11: or
(2) A conviction for a current or former Class E crime of violation of a condition
of releasejymder section 1092 while the defendant was on preconviction or oost-
conviction bail: or
B, A conviction for a current or former Class D crime, except:
fl) A conviction for a current or former Class D crime under Title 17-A. chapter
11.12 or 23:
C21 A conviction for a current or former Class D crime under Title 17-A. section
852. 853 or 855:
(3) A conviction for assault under Title 17-A. section 207;
(4) A conviction for stalking under Title 17-A. section 210-A or domestic violence
stalking under Title 17-A. section 210-C:
f5) A violation of a protective order, as specified in section 321. subsection 6: Title
5. section 4659. subsection 1: Title 17-A. section 506-B: Title 19-A. former section
4011. subsection 3: Title 19-A. former section 4012. subsection 5: or Title 19-A.
section 4113. subsection 1:
(6} A conviction for cruelty to animals under Title 17. section 1031;
(7) A conviction for criminal OUI under Title 29-A. section 2411 or a conviction
for ooeratins a watercraft. snQwmobile or ATV under the influence under Title 12.
section 10701:
(S) A conviction for terrorizing under Title 17-A. section 210 or domestic violence
terrorizme under Title 1 7-A. section 210-B:
(9') A conviction for criminal threatenine under Title 17-A. section 209 or domestic
violence criminal threatenine under Title 17-A. section 209-A;
(10') A conviction for criminal restraint under Title 17-A. section 302: or
(IDA conviction for reckless conduct under Title 17-A. section 211 or domestic
violence reckless conduct under Title 17-A. section 211"A.
6. Elieible nonconviction. "Elieible nonconviction" means a criminal charae that did
not result in a conviction.
7. Sealed record or sealed electronic record. "Sealed record" or "sealed electronic
record" means the criminal history record information relating to a specific elifiible
criminal conviction or eligible nouconviction that is sealed under section 2403 or section
2404.
§2402. Prerequisites for automatic sealing of criminal history record information
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COMMITTEE AMENDMENT " A) " to S.P, 752, L.D, 191 1
1. EIieible criminal conviction. Except as provided in subsection 3. criminal history
record information relatinp to one or more eligible criminal convictions may be sealed
under this chapter only if;
A. The criminal conviction is an elieible criminal conviction that is a Class D or Class
E crime and 5 years have passed since the date of conviction;
B. The person who is the subject of the criminal history record information 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-P or Title
17"A. chapter 67. subchaoter 4 since the time of the person's most recent elieible
criminal conviction UP until the time the seatine order is issued under section 2264.
2403 or 2404;
C. The person who is the subject of the criminal history record information does not
have any pending criminal charees in this State: and
D. The eligible criminal cotiviction does not contain a court order of restitution.
2. Eligible nonconvicdon. Except as provided in subsection 3. criminal history record
information relating to one or more eligible nonconvictions may be sealed under this
chapter only if the eliaible nonconviction did not result in a conviction and the case has
been closed for at least 6 months. Criminal history record information that may be sealed
includes, but is not limited to. criminal history record information related to:
A. A charge that was dismissed bv the court, a charee that was subject to a deferred
disposition and was dismissed followine successful comoletton of the deferral
aereement or a charge that was subject to a filine agreement and was dismissed
following successful completion of the filing agreement:
B. A charge that resulted in an acquittal: or
C, A charee that was not formally charged by the m'osecutine authority or was declined
for prosecution.
3. Inelieibilitv based on other conviction in same court proceedine. Criminal
history record information relatine to one or more eligible criminaLconvictions or to one
or more eliaible nonconvictions may not be sealed if the person was convicted, as oart of
the same criminal case. of an offense that is not elieible for sealine under this chapter.
S2403. Automatic sealing of criminal history record infonnation
Criminal history record information for an elieible nonconviction or eliaible criminal
conviction must be sealed in accordance with this section if the requirements of sectioii
2402 have been met.
1. Monthly examination of records. Beeinnine January 1.2028. the Judicial branch
shall examine electronic case records at least once per month and electronically commle a
list of criminal history record information that meets the requirements of section 2402.
Criminal history record information that meets the requirements of section 2402 must be
included in the monthly list compiled bv the judicial branch no later than 90 days after that
criminal history record informatioa first meets those refluirements,
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2. Court records sealed. The Judicial branch shall seal all electronic case records
contanung_eH&ible noncQnviotions or elifiible criminal convictions identified in subsection
1, subject to court rules oertainine to electronic court records access.
3._Notice to bureau. Upon sealinB ofelecti'Qnic case records under subsection 2. the
court shall issue a sealing order and shall electronically transmit notice of the order to the
bureau and the Maine State Archives. Within 14 days of receipt, the bureau shall update
its records to reflect that the criminal history record infomiatioQ related to the elJRible
criminal conviction or elipible nonconviction is sealed and that its dissemination is
eovemed by section 2265.
4. Cooperation. The Department of Public Safety. Bureau of State Police: the
Department of Corrections: the Maine State Archives: and criminal justice aeencies that
collect, maintain or disseminate criminal history record information shall cooperate with
theJudiciaLbranch and assist it mth carrvine out the ourposes and duties of this section.
5. Electronic methods. When practicable, the judicial branch; the Department of
Public Safety. Bureau of State Police: the Department of CoiTections: criminal justice
aeenoies that collect, maintain or disseminate criminal history record information; and the
courts shall use automated and computerized processes to effectuate the purposes of this
section,
S2404. Phased sealine of historic criminal history record information
1. Records for cases closed on or after January 1< 2020 but before January 1.
2028. The ludicial branch shall review and process criminal history record mfonnation of
cases closed on or after January 1.2020 and before January 1. 2028 in accordance with the
eligibility requirements of section 2402 and the sealine nrocedure in section 2403. Once a
list of elieible records has been determined, the judicial branch or the bureau shall act as
follows.
A, The judicial branch shall seal electronic case records containine elieible
nonconvictions or elieible criminal convictions, subject to court rules of electronic
court records access.
B. Upon sealing electronic case records under oaraeraoh A. the court shall issue a
sealine order and shall electronically transmit notice of the order to the bureau and the
Maine State Archives,
C,_The judicial branch and the bureau shall, by July 31.2029. update their records by
removina public access to elieible criminal history record information stored in
electronic databases used for backeround checks. Updated records must reflect that the
5 criminal history record i&formation is sealed and that its dissemination is Rovemed by
section 2265.
Corresoondina physical records must be handled on a case-bv-case basis, with
verificatiQn that each record corresponds to a sealed electronic record before any
information is released.
2. Records for cases^IosedLon orafter January 1. 2010 but before January 1.
2020. The judicial branch shall review and process criminal history record information of
cases closed on or after January 1.2010 and before January 1.2020 in accordance with the
elieibilitv requirements of section 2402 and the sealing procedure in section 2403. Once a
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/| " to S.P. 752, L.D. 191l(,5"(
list ofelieible records has been determined, the judicial branch or the bureau shall act as
follows.
A, The judicial branch shall seal electronic case records containine elieible
^ 4 nonconvictions or elieible criminal convictions, subject to court rules of electronic
court records access,
B. Upon sealing electronic case records under oaraeraoh A. the court shall issue a
sealing order and shall electronically transmit notice of the order to the bureau and the
Maine State Archives.
C. The Judicial branch and the bureau shall, by July 31.2030. update their records bv
reniQving_Dublic access to eligible criminal history record information stored in
electronic databases used for backeround checks. Updated records must reflect that the
criminal history record information is sealed and that its dissemmation is eovemed bv
section 2265,
Correspondine physical records must be handled on a case-bv-case basis, with
v&rification that each record corresponds to a sealed electronic record before any
information is released.
3. Records for cases closed on or after January 1. 2005 but before January 1,
2010. The judicial branch shallreview and process criminal history record information of
cases closed on or after January 1.2005 and before January 1.2010 in accordance with the
elieibilitv requirements of section 2402 and the sealing procedure in section 2403. Once a
list of elieible records has been determined, the judicial branch or the bureau shall act as
follows,
A. The judicial branch shall seat electronic case records containina eligible
nonconvictions or elieible criminal convictions, subject to court rules of electronic
court records access.
B. Upon sealine electronic case records under oaraeraoh A. the court shall issue a
sealine order and shall electronically transmit notice of the order to the bureau and the
Maine State Archives.
C. The judicial branch and the bureau shall, by July 31.2031. update their records bv
removine public access to elieible criminal history record information stored in
electronic databases used for background checks. Updated records must reflect that the
criminal history record information is sealed and that its dissemination is aovemed by
section 2265.
Corresoondina physical records must be handled on a case-bv-case basis. Vi'ith
verification that each record corresponds to a sealed electronic record before any
infonnation is released.
The Department of Public Safety. Bureau of State Police, the Department of
Corrections and all criminal justice aeencies that collect, maintain ordissetmnate_crim{nal
history record information shall cooperate with the Judicial branch and assist it in carrying
out the purposes and duties of this section,
82405. Limited disclosure of sealed elielble criminal convictions and elieible
nonconvicfions
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COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " /A" to S.P. 752, L.D. 1911
1. No duhf to disclose: exception. A person whose criminal history record
information is the subject of a sealing order under section^2403 or sectioo 2404 may
respond to inquiries from persons other than criminal justice agencies and other entities
that are authorized to obtain the sealed record information under section 2265 by not
disclosing the existence of the sealed record without being subject to any sanctions under
the laws of this State. Other than when respondina to criminal iustice aeencies or other
entities that are authorized to obtain the sealed record information under section 2265 or
when under oath while being prosecuted for a subsequent crime. a person whose criminal
history record information is the subject of a sealing order does not violate Title 17-A.
section 451.452 or 453 bv failine to disclose the sealed record.
2. Disclosure required. Notwithstandine any orovision of law to the contrary, a
person must disclose all criminal history record information that is the subject of a sealing
order, reeardless of the existence of a sealing order under section 2403 or 2404. when such
disclosure is requested as part of an application to any eatitv identified in section 2265.
subsection 5 or 6 or when disclosure to any such entity is otherwise required by law, A
person's failure to make such required disclosure may result in any such entity withholdine.
denvine or revokine the license or other benefit for which the person applied or received
or in such other administrative action as may be authorized by law.
82406. Motion to seal criminal history record information
This chapter may not be constmed to prevent a person from filine a written motion
seeking a court order to seal the person's criminal history record information relating to a
specific criminal conviction in accordance with section 2263.
Sec. 9. Appropriations and allocations. The following appropriations and
allocations are made.
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
Initiative: Establishes 3 Data Quality Specialist positions, 2 Assistant Clerk positions, one
District Court Judge position and one Superior Court Judge position and provides funding
for related All Other costs.
GENERAL FUND
POSITIONS - LEGISLATIVE COUNT
Personal Services
All Other
GENERAL FUND TOTAL $0 $616,256
JUDICIAL DEPARTMENT
DEPARTMENT TOTALS 2025-26 2026-27
3940 GENERAL FUND $0 $616,256
DEPARTMENT TOTAL-ALL FUNDS $0 $616,256
PUBLIC SAFETY, DEPARTMENT OF
2025-26
0.000
$0
$0
2026-27
7.000
$560,426
$55,830
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COMMITTEE AMENDMENT
•/^" (o S.P. 752, L.D, 1911 ( ^>'
COMMITTEE AMENDMENT " /^" (o S.P. 752, L.D, 1911
State Police 0291
Initiative: Provides one-time funding for computer programming to be able to administer
and process automatic sealing of criminal history record information for certain crimes.
GENERAL FUND 2025-26 2026-27
AllOther $0 $32,500
GENERAL FUND TOTAL $0 $32,500
HIGHWAY FUND 2025-26 2026-27
All Other $0 $17,500
HIGHWAY FUND TOTAL $0 $17,500
PUBLIC SAFETY, DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
GENERAL FUND
HIGHWAY FUND
DEPARTMENT TOTAL-ALL FUNDS
SECTION TOTALS
GENERAL FUND
HIGHWAY FUND
SECTION TOTAL-ALL FUNDS $0 $666,256
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill, It adds various crimes to the list of crimes that are
ineligible for sealing under this legislation. The amendment adds a process for sealing
eligible nonconviction record itiformation. The amendment creates a delayed
implementation for sealing of historical criminal history record information. The
amendment authorizes occupational and professional licensing agencies to obtain sealed
criminal history record information.
The amendment provides funding to the Judicial Department to establish 3 Data
Quality Specialist positions, 2 Assistant Clerk positions, one District Court Judge position
and one Superior Court Judge position. The amendment also provides one-time funding to
$0
$0
$0
2025-26
$0
$0
$32,500
$17,500
$50,000
2026-27
$648,756
$17,500
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ (o S,P. 752, L.D. 1911 (jS) -(j&'
the Department of Public Safety for computer programming to administer and process the
automatic sealing of criminal history record information.
FISCAL NOTE REQUIRED
(See attached)
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COMMITTEE AMENDMENT
Approved; 03/31/26 t-Kt-
LD 1911 LR 2382(02)
An Act to Automatically Seal Criminal History Record Information for Certain Crimes
Fiscal Note for Bill as Amended by Committee Amendment " /{,/ c.^
Committee: Judiciary
Fiscal Note Required; Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $0 $648,756 $1,006.544 $1,045,10°
Highway Fund $0 $17,500 $0
Appropriations/AlIocations
General Fund $0 $648,756 $1,006,544 $1,045,109
Highway Fund $0 $17,500 $0 $0
Fiscal Detail and Notes
The bill includes General Fund appropriations to the Judicial Department of $616,256 in fiscal year 2026-27 for
partial-year costs beginning January 1, 2027 to establish 3 Data Quality Specialist positions, 2 Assistant Clerk
positions, one District Court Judge position, and one Superior Court Judge position to support the implementation of
automatically sealing criminal history record information for certain crimes, including monthly review of electronic
case records, identification of eligible cases, and processing of sealing orders.
The bill includes a one-time General Fund appropriation to the Department of Public Safety of $32,500 and a one-time
Highway Fund allocation of $17,500 in fiscal year 2026-27 for computer programming to be able to administer and
process automatic sealing of criminal history record information for certain crimes,
LR2382(02) - Fiscal Note - Page 1 of 1