reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2129. Petition and procedure

§2129. Petition and procedure
1.  Filing of petition.
Petitions shall be filed as follows.
A. A proceeding for post-conviction review shall be commenced by filing a petition in the Superior Court in the county specified in section 2123.   [PL 1981, c. 238, §5 (NEW).]
B. If the petitioner desires to have counsel appointed, he shall file an affidavit of indigency in the form prescribed by the Supreme Judicial Court. If the petitioner is incarcerated, the affidavit shall be accompanied by a certificate of the appropriate officer of the institution in which the petitioner is incarcerated as to the amount of money or securities on deposit to the petitioner's credit in any account in the institution. The failure to include an affidavit of indigency with the petition does not bar the court from appointing counsel upon a subsequent filing of an affidavit of indigency.   [PL 1981, c. 238, §5 (NEW).]
C. Once the petition has been filed, the clerk shall forward a copy of the petition and any separate documents filed with it to the Chief Justice of the Superior Court and to the prosecutorial office that earlier represented the State in the underlying criminal or juvenile proceeding.   [PL 2003, c. 29, §3 (AMD).]
[PL 2003, c. 29, §3 (AMD).]
2.  Assignment of case.
[PL 2003, c. 29, §4 (RP).]
3.  Representation of respondent.
In all proceedings for postconviction review, the State may be represented by the prosecutorial office that earlier represented the State in the underlying criminal or juvenile proceeding. On a case-by-case basis, a different prosecutorial office may represent the State on agreement between the 2 prosecutorial offices.
[PL 1991, c. 622, Pt. D (RPR).]
4.  Bail pending disposition of petition.
Pending final disposition, the assigned justice or judge may order the release of the petitioner on bail at such time and under such circumstances and conditions as the Supreme Judicial Court provides by rule.
[PL 2011, c. 601, §12 (AMD).]
5.  Procedure in proceedings pursuant to this chapter.
In all respects not covered by statute, the procedure in proceedings under this chapter is as the Supreme Judicial Court provides by rule.
[PL 2003, c. 29, §5 (AMD).]
6.  Amendment to petition.
[PL 1981, c. 238, §5 (RP).]
7.  Representation of respondent.
[PL 1981, c. 238, §5 (RP).]
8.  Response.
[PL 1981, c. 238, §5 (RP).]
9.  Discovery.
[PL 1981, c. 238, §5 (RP).]
10.  Determination by court; hearing.
[PL 1981, c. 238, §5 (RP).]
11.  Bail pending dispostion of petition.
[PL 1981, c. 238, §5 (RP).]
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1981, c. 238, §5 (RPR). PL 1983, c. 688, §9 (AMD). PL 1985, c. 209, §4 (AMD). PL 1985, c. 556, §3 (AMD). PL 1991, c. 622, §D (AMD). PL 2003, c. 29, §§3-5 (AMD). PL 2011, c. 601, §12 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2130. Relief

§2130. Relief
If the court determines that relief should be granted, it shall order appropriate relief, including: Release from incarceration or other restraint; reversal of the criminal judgment, including one entered upon a plea of guilty or nolo contendere; entry of judgment for a lesser included offense; reversal of another order or decision, with or without affording the State or other party a new hearing; granting the right to take an appeal from the criminal judgment; correction of errors appearing as a matter of record; resentencing or a new sentence; and entry of an order altering the amount of time that a person incarcerated under a sentence has served or must serve. The judgment making final disposition is a final judgment for purposes of review by the Law Court. When relief is granted to the petitioner and release is appropriate, the justice may release a petitioner on bail pending appeal.   [RR 2009, c. 2, §32 (COR).]
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1981, c. 238, §6 (AMD). RR 2009, c. 2, §32 (COR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2131. Review of final judgment

§2131. Review of final judgment
A final judgment entered under section 2130 may be reviewed by the Supreme Judicial Court sitting as the Law Court.   [PL 2003, c. 17, §4 (RPR).]
1.  Appeal by petitioner.
A petitioner aggrieved by the final judgment may not appeal as of right. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.
[PL 2003, c. 17, §4 (RPR).]
2.  Appeal by State.
The State aggrieved by the final judgment may appeal as of right and no certificate of approval by the Attorney General is required. The time for taking the appeal and the manner and any conditions for the taking of an appeal are as the Supreme Judicial Court provides by rule.
[PL 2003, c. 17, §4 (RPR).]
3.  Procedure on appeal.
[PL 2003, c. 17, §4 (RP).]
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1981, c. 238, §§7,8 (AMD). PL 2003, c. 17, §4 (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2132. Applicability

§2132. Applicability
Both the substantive and procedural provisions of this chapter shall apply to any action for post-conviction review commenced after the effective date of this chapter. In the case of any action under former Title 14, sections 5502 to 5508 or any other action for collateral review of a conviction or of consequences resulting from a criminal judgment which was commenced prior to the effective date of this chapter and which is pending on the effective date, the petition may be amended to assert any basis for jurisdiction under section 2124 or any grounds for relief not available under prior law; provided that failure to do so shall not constitute waiver pursuant to section 2128, subsection 3. In any pending action brought under prior law, the court in its discretion may apply any of the procedural provisions of this chapter.   [PL 1987, c. 402, Pt. A, §111 (AMD).]
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1987, c. 402, §A111 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-B: POST-JUDGMENT CONVICTION MOTION FOR DNA ANALYSIS › 15 §2136. Definitions

§2136. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2001, c. 469, §1 (NEW).]
1.  CODIS.
"CODIS" means the Federal Bureau of Investigation's national DNA identification index system that allows for storage and exchange of DNA records submitted by state and local forensic DNA laboratories and is derived from the Combined DNA Index System.
[PL 2001, c. 469, §1 (NEW).]
2.  Crime lab.
"Crime lab" means the Maine State Police Crime Laboratory located in Augusta.
[PL 2001, c. 469, §1 (NEW).]
3.  DNA.
"DNA" means deoxyribonucleic acid.
[PL 2001, c. 469, §1 (NEW).]
4.  DNA analysis.
"DNA analysis" means DNA typing tests that derive identification information specific to a person from that person's DNA.
[PL 2001, c. 469, §1 (NEW).]
5.  DNA record.
"DNA record" means DNA identification information obtained from DNA analysis and stored in the state DNA data base or CODIS.
[PL 2001, c. 469, §1 (NEW).]
6.  DNA sample.
"DNA sample" means a blood sample provided by a person convicted of one of the offenses listed in this chapter or submitted to the crime lab for analysis pursuant to a criminal investigation.
[PL 2001, c. 469, §1 (NEW).]
7.  State DNA data base.
"State DNA data base" means the DNA identification record system administered by the Chief of the State Police.
[PL 2001, c. 469, §1 (NEW).]
8.  State DNA data bank.
"State DNA data bank" means the repository of DNA samples maintained by the Chief of the State Police at the crime lab collected pursuant to Title 25, chapter 194 and this chapter.
[RR 2021, c. 2, Pt. A, §33 (COR).]
SECTION HISTORY
PL 2001, c. 469, §1 (NEW). RR 2021, c. 2, Pt. A, §33 (COR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-B: POST-JUDGMENT CONVICTION MOTION FOR DNA ANALYSIS › 15 §2137. Postjudgment of conviction motion for DNA analysis; new trial based on analysis results

§2137. Postjudgment of conviction motion for DNA analysis; new trial based on analysis results
1.  Motion.
A person who has been convicted of and sentenced for a crime under the laws of this State that carries the potential punishment of imprisonment of at least one year and for which the person is in actual execution of either a pre-Maine Criminal Code sentence of imprisonment, including parole, or a sentencing alternative pursuant to Title 17‑A, section 1502, subsection 2 that includes a term of imprisonment or is subject to a sentence of imprisonment that is to be served in the future because another sentence must be served first may file a written postjudgment of conviction motion in the underlying criminal proceeding moving the court to order DNA analysis of evidence in the control or possession of the State that is related to the underlying investigation or prosecution that led to the person's conviction and a new trial based on the results of that analysis as authorized by this chapter. For criminal proceedings in which DNA testing was conducted before September 1, 2006, the person may file a written postjudgment of conviction motion in the underlying criminal proceeding moving the court for a new trial based on the results of the DNA testing already conducted using the standard set forth in this chapter if the DNA test results show that the person is not the source of the evidence.
[PL 2019, c. 113, Pt. C, §41 (AMD).]
2.  Time for filing.
A motion under this section must be filed by the later of:
A. September 1, 2008, including a motion pertaining to criminal proceedings in which DNA testing was conducted before September 1, 2006;   [PL 2005, c. 659, §1 (NEW); PL 2005, c. 659, §6 (AFF).]
B. Two years after the date of conviction; and   [PL 2005, c. 659, §1 (NEW); PL 2005, c. 659, §6 (AFF).]
C. In cases in which the request for analysis is based on the existence of new technology with respect to DNA analysis that is capable of providing new material information, within 2 years from the time that the technology became commonly known and available.   [PL 2005, c. 659, §1 (NEW); PL 2005, c. 659, §6 (AFF).]
[PL 2005, c. 659, §1 (NEW); PL 2005, c. 659, §6 (AFF).]
SECTION HISTORY
PL 2001, c. 469, §1 (NEW). PL 2005, c. 659, §1 (RPR). PL 2005, c. 659, §6 (AFF). PL 2019, c. 113, Pt. C, §41 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 306: APPELLATE REVIEW OF CERTAIN SENTENCES › 15 §2141. Appellate division of the Supreme Judicial Court for review of certain sentences (REPEALED)

§2141. Appellate division of the Supreme Judicial Court for review of certain sentences
(REPEALED)
SECTION HISTORY
PL 1965, c. 419, §§1,3 (NEW). PL 1975, c. 427, §1 (AMD). PL 1977, c. 510, §4 (AMD). PL 1979, c. 13, §8 (AMD). PL 1989, c. 218, §1 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 306: APPELLATE REVIEW OF CERTAIN SENTENCES › 15 §2142. Procedure for appeal; hearing and determination (REPEALED)

§2142. Procedure for appeal; hearing and determination
(REPEALED)
SECTION HISTORY
PL 1965, c. 419, §§1,3 (NEW). PL 1967, c. 494, §§15-B (AMD). PL 1973, c. 625, §289 (AMD). PL 1975, c. 427, §2 (AMD). PL 1977, c. 510, §§5,6 (AMD). PL 1979, c. 541, §A141 (AMD). PL 1989, c. 218, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 306: APPELLATE REVIEW OF CERTAIN SENTENCES › 15 §2143. Notice of dismissal of appeal; procedure on amendment of judgment (REPEALED)

§2143. Notice of dismissal of appeal; procedure on amendment of judgment
(REPEALED)
SECTION HISTORY
PL 1965, c. 419, §§1,3 (NEW). PL 1975, c. 427, §3 (AMD). PL 1977, c. 510, §7 (AMD). PL 1989, c. 218, §3 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 306: APPELLATE REVIEW OF CERTAIN SENTENCES › 15 §2144. Duty of clerk when appeal heard in another county (REPEALED)

§2144. Duty of clerk when appeal heard in another county
(REPEALED)
SECTION HISTORY
PL 1965, c. 419, §§1,3 (NEW). PL 1977, c. 510, §8 (AMD). PL 1989, c. 218, §4 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW › 15 §2151. Application to the Supreme Judicial Court by defendant for review of certain sentences

§2151. Application to the Supreme Judicial Court by defendant for review of certain sentences
In cases arising in the District Court or the Superior Court in which a defendant has been convicted of a criminal offense and sentenced to a term of imprisonment of one year or more, the defendant may apply to the Supreme Judicial Court, sitting as the Law Court, for review of the sentence, except:   [PL 1997, c. 354, §1 (AMD).]
1.  Different term could not be imposed.
In any case in which a different term of imprisonment could not have been imposed;
[PL 1999, c. 731, Pt. ZZZ, §23 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
2.  Plea agreements.
In any case in which the particular disposition involving imprisonment was imposed as a result of a court accepting a recommendation of the type specified in the Maine Rules of Unified Criminal Procedure, Rule 11A, subsection (a)(2) or (a)(4); or
[PL 2015, c. 431, §26 (AMD).]
3.  Restitution.
As limited by Title 17‑A, section 2017.
[PL 2019, c. 113, Pt. C, §42 (AMD).]
SECTION HISTORY
PL 1989, c. 218, §5 (NEW). PL 1997, c. 354, §1 (AMD). PL 1999, c. 731, §§ZZZ23,24 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2015, c. 431, §26 (AMD). PL 2019, c. 113, Pt. C, §42 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW › 15 §2152. Sentence Review Panel of the Supreme Judicial Court

§2152. Sentence Review Panel of the Supreme Judicial Court
There shall be a Sentence Review Panel of the Supreme Judicial Court to consider applications for leave to appeal from sentence, and no appeal of the sentence may proceed before the Supreme Judicial Court unless leave to appeal is first granted by the panel. The Sentence Review Panel shall consist of 3 justices of the Supreme Judicial Court to be designated from time to time by the Chief Justice of the Supreme Judicial Court. No justice may sit or act on an appeal from a sentence imposed by that justice. Leave to appeal shall be granted if any one of the 3 panelists votes in favor of granting leave. If leave to appeal is denied, the decision of the panel shall be final and subject to no further review.   [PL 1989, c. 218, §5 (NEW).]
SECTION HISTORY
PL 1989, c. 218, §5 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW › 15 §2153. Procedure for application

§2153. Procedure for application
The time for filing an application for leave to appeal and the manner and any conditions for the taking of the appeal shall be as the Supreme Judicial Court shall by rule provide.   [PL 1989, c. 218, §5 (NEW).]
SECTION HISTORY
PL 1989, c. 218, §5 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW › 15 §2154. Purposes of sentence review by Supreme Judicial Court

§2154. Purposes of sentence review by Supreme Judicial Court
The general objectives of sentence review by the Supreme Judicial Court are:   [PL 1989, c. 218, §5 (NEW).]
1.  Sentence correction.
To provide for the correction of sentences imposed without due regard for the sentencing factors set forth in this chapter;
[PL 1991, c. 525, §1 (RPR).]
2.  Promote respect for law.
To promote respect for law by correcting abuses of the sentencing power and by increasing the fairness of the sentencing process;
[PL 1989, c. 218, §5 (NEW).]
3.  Rehabilitation.
To facilitate the possible rehabilitation of an offender by reducing manifest and unwarranted inequalities among the sentences of comparable offenders; and
[PL 1989, c. 218, §5 (NEW).]
4.  Sentencing criteria.
To promote the development and application of criteria for sentencing which are both rational and just.
[PL 1989, c. 218, §5 (NEW).]
SECTION HISTORY
PL 1989, c. 218, §5 (NEW). PL 1991, c. 525, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW › 15 §2155. Factors to be considered by Supreme Judicial Court

§2155. Factors to be considered by Supreme Judicial Court
In reviewing a criminal sentence, the Supreme Judicial Court shall consider:   [PL 1991, c. 525, §2 (AMD).]
1.  Propriety of sentence.
The propriety of the sentence, having regard to the nature of the offense, the character of the offender, the protection of the public interest, the effect of the offense on the victim and any other relevant sentencing factors recognized under law; and
[PL 1991, c. 525, §2 (AMD).]
2.  Manner in which sentence was imposed.
The manner in which the sentence was imposed, including the sufficiency and accuracy of the information on which it was based.
[PL 1989, c. 218, §5 (NEW).]
SECTION HISTORY
PL 1989, c. 218, §5 (NEW). PL 1991, c. 525, §2 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW › 15 §2156. Relief

§2156. Relief
1.  Substitution of sentence or remand.
[PL 1991, c. 525, §3 (RP).]
1-A.  Remand.
If the Supreme Judicial Court determines that relief should be granted, it must remand the case to the court that imposed the sentence for any further proceedings that could have been conducted prior to the imposition of the sentence under review and for resentencing on the basis of such further proceedings provided that the sentence is not more severe than the sentence appealed.
[PL 1991, c. 525, §4 (NEW).]
2.  Affirmation of sentence.
If the Supreme Judicial Court determines that relief should not be granted, it shall affirm the sentence under review.
[PL 1989, c. 218, §5 (NEW).]
SECTION HISTORY
PL 1989, c. 218, §5 (NEW). PL 1991, c. 525, §§3,4 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW › 15 §2157. Sentence not stayed nor bail authorized for sentence appeal

§2157. Sentence not stayed nor bail authorized for sentence appeal
1.  Execution of sentence not stayed.
An appeal under this chapter shall not stay the execution of a sentence.
[PL 1989, c. 218, §5 (NEW).]
2.  Bail unavailable.
Bail has no application to an appeal under this chapter.
[PL 1989, c. 218, §5 (NEW).]
SECTION HISTORY
PL 1989, c. 218, §5 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 307: PARDONS AND COMMUTATION OF SENTENCES › 15 §2161. Notice to district attorney and Attorney General of all petitions for pardon or commutation

§2161. Notice to district attorney and Attorney General of all petitions for pardon or commutation
On all petitions to the Governor for pardon or commutation of sentences, written notice thereof shall be given to the Attorney General and the district attorney for the county where the case was tried at least 4 weeks before the time of the hearing thereon, and 4 weeks' notice in a newspaper of general circulation in said county. If the crime for which said pardon is asked or for which commutation of sentence is sought is punishable by imprisonment in the State Prison, the Attorney General or the district attorney for the county where the case was tried shall, upon the request of the Governor, attend the meeting of the Governor or the Parole Board at which the petition is to be heard and the Governor shall allow said district attorney his necessary expenses for such attendance and a reasonable compensation for said district attorney's services to be paid from the State Treasury out of the appropriation for costs in criminal prosecutions. The Governor may require the judge and prosecuting officer who tried the case to furnish him or the Parole Board a concise statement thereof as proved at the trial and any other facts bearing on the propriety of granting pardon or commutation.   [PL 1987, c. 667, §16 (AMD).]
SECTION HISTORY
PL 1967, c. 428, §2 (AMD). PL 1969, c. 319, §1 (AMD). PL 1973, c. 567, §20 (AMD). PL 1973, c. 625, §289 (AMD). PL 1973, c. 788, §62 (AMD). PL 1975, c. 771, §158 (AMD). PL 1987, c. 667, §16 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 307: PARDONS AND COMMUTATION OF SENTENCES › 15 §2161-A. Expungement of records (REPEALED)

§2161-A. Expungement of records
(REPEALED)
SECTION HISTORY
PL 1973, c. 691 (NEW). PL 1975, c. 763, §1 (RP). PL 1975, c. 771, §159 (AMD). PL 1977, c. 78, §117 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 307: PARDONS AND COMMUTATION OF SENTENCES › 15 §2162. Commutation to jail

§2162. Commutation to jail
When a person is sentenced and committed to the custody of the Department of Corrections, the Governor may, if the Governor considers it consistent with the public interest and the welfare of the prisoner, commute that prisoner's sentence to imprisonment in any county jail, there to be supported at the charge of the State at an expense not exceeding the price paid for the support of other prisoners in that county jail.   [PL 2005, c. 329, §1 (AMD).]
SECTION HISTORY
PL 1973, c. 625, §289 (AMD). PL 1975, c. 771, §160 (AMD). PL 2005, c. 329, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 307: PARDONS AND COMMUTATION OF SENTENCES › 15 §2163. Conditional pardons by Governor

§2163. Conditional pardons by Governor
In any case in which the Governor is authorized by the Constitution to grant a pardon, he may, upon petition of the person convicted, grant it upon such conditions and with such restrictions and under such limitations as he deems proper, and he may issue his warrant to all proper officers to carry such pardon into effect; which warrant shall be obeyed and executed instead of the sentence originally awarded.   [PL 1975, c. 771, §161 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §161 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 307: PARDONS AND COMMUTATION OF SENTENCES › 15 §2164. Violations of conditions; rearrest

§2164. Violations of conditions; rearrest
When a convict has been pardoned on conditions to be observed and performed by him, and the Warden of the State Prison or keeper of the jail where the convict was confined has reason to believe that he has violated the same, such officer shall forthwith cause him to be arrested and detained until the case can be examined by the Governor, and the officer making the arrest shall forthwith give them notice thereof, in writing.   [PL 1975, c. 771, §162 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §162 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 307: PARDONS AND COMMUTATION OF SENTENCES › 15 §2165. Remand to prison on finding of violation

§2165. Remand to prison on finding of violation
The Governor shall, upon receiving the notice provided for in section 2164, examine the case of such convict, and if it appears by his own admission or by evidence that he has violated the conditions of his pardon, the Governor shall order him to be remanded and confined for the unexpired term of the sentence. In computing the period of his confinement, the time between the pardon and the subsequent arrest shall not be reckoned as part of the term of his sentence. If it appears to the Governor that he has not broken the conditions of his pardon, he shall be discharged.   [PL 1975, c. 771, §163 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §163 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 307: PARDONS AND COMMUTATION OF SENTENCES › 15 §2166. Return of warrant for pardon or commutation

§2166. Return of warrant for pardon or commutation
When a convict is pardoned or his punishment is commuted, the officer to whom the warrant for that purpose is issued shall, as soon as may be after executing the same, make return thereof, under his hand, with his doings thereon, to the office of the Secretary of State. He shall file in the clerk's office of the court in which the offender was convicted an attested copy of the warrant and return, a brief abstract whereof the clerk shall subjoin to the record of the conviction and sentence.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 307: PARDONS AND COMMUTATION OF SENTENCES › 15 §2167. References to pardoned crime deleted from Federal Bureau of Investigation's identification record

§2167. References to pardoned crime deleted from Federal Bureau of Investigation's identification record
In any criminal case in which the Governor grants a convicted person a full and free pardon, that person, after the expiration of 10 years from the date the person is finally discharged from any sentence imposed as a result of the conviction, may make written application to the State Bureau of Identification to have all references to the pardoned crime deleted from the Federal Bureau of Investigation's identification record. Following receipt of an application, the State Bureau of Identification shall make the necessary arrangements with the identification division of the Federal Bureau of Investigation to have all references to the pardoned crime deleted from the Federal Bureau of Investigation's identification record and any state materials returned to the contributing agency if the application is timely and the person has not been convicted of a crime in this State or any other jurisdiction since the full and free pardon was granted and has no formal charging instrument for a crime pending in this State or any other jurisdiction.   [PL 2017, c. 288, Pt. A, §16 (AMD).]
SECTION HISTORY
PL 1993, c. 665, §1 (NEW). PL 2017, c. 288, Pt. A, §16 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 308: POST-JUDGMENT MOTION WHEN PERSON'S IDENTITY HAS BEEN STOLEN AND USED IN A CRIMINAL, CIVIL VIOLATION OR TRAFFIC INFRACTION PROCEEDING › 15 §2181. Application

§2181. Application
This chapter is not intended to and may not be used to provide relief to a person who has stolen another person's identity and falsely used the identity in a criminal, civil violation or traffic infraction proceeding.   [PL 2009, c. 287, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 287, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 308: POST-JUDGMENT MOTION WHEN PERSON'S IDENTITY HAS BEEN STOLEN AND USED IN A CRIMINAL, CIVIL VIOLATION OR TRAFFIC INFRACTION PROCEEDING › 15 §2182. Post-judgment motion for determination of factual innocence and correction of record

§2182. Post-judgment motion for determination of factual innocence and correction of record
1.  Motion; persons who may file.
A person who reasonably believes that the person's identity has been stolen and falsely used by another in a criminal, civil violation or traffic infraction proceeding in which a final judgment has been entered may file a written motion in the underlying criminal, civil violation or traffic infraction proceeding seeking a court determination of factual innocence and correction of the court records and related criminal justice agency records. The same motion may also be filed on behalf of such a person by an attorney for the State or by the court.
[PL 2009, c. 287, §1 (NEW).]
2.  Time for filing.
A motion for determination of factual innocence and correction of record must be filed:
A. By June 1, 2010 for a criminal, civil violation or traffic infraction proceeding finalized prior to the effective date of this section in which the person is aware that the person's identity had been stolen and falsely used by another; and   [PL 2009, c. 287, §1 (NEW).]
B. One year from the date the person becomes aware that the person's identity has been stolen and falsely used by another in a criminal, civil violation or traffic infraction proceeding finalized after the effective date of this section.   [PL 2009, c. 287, §1 (NEW).]
[PL 2009, c. 287, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 287, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 308: POST-JUDGMENT MOTION WHEN PERSON'S IDENTITY HAS BEEN STOLEN AND USED IN A CRIMINAL, CIVIL VIOLATION OR TRAFFIC INFRACTION PROCEEDING › 15 §2184. Review of determination of factual innocence; review of subsequent vacating of determination

§2184. Review of determination of factual innocence; review of subsequent vacating of determination
A final judgment entered under section 2183, subsection 5 or 7 may be reviewed by the Supreme Judicial Court sitting as the Law Court.   [PL 2009, c. 287, §1 (NEW).]
1.  Appeal by the person.
A person aggrieved by the final judgment under section 2183, subsection 5 or 7 may not appeal as of right. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.
[PL 2009, c. 287, §1 (NEW).]
2.  Appeal by the State.
If the State is aggrieved by the final judgment under section 2183, subsection 5 or 7, it may appeal as of right, and a certificate of approval by the Attorney General is not required. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.
[PL 2009, c. 287, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 287, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 309: COMMITMENT OF MENTALLY ILL PRISONERS › 15 §2211. Convict or person detained alleged to be mentally ill; prehearing procedure (REPEALED)

§2211. Convict or person detained alleged to be mentally ill; prehearing procedure
(REPEALED)
SECTION HISTORY
PL 1965, c. 58, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 309: COMMITMENT OF MENTALLY ILL PRISONERS › 15 §2212. Procedure at hearing (REPEALED)

§2212. Procedure at hearing
(REPEALED)
SECTION HISTORY
PL 1965, c. 58, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 309: COMMITMENT OF MENTALLY ILL PRISONERS › 15 §2213. Recovery before expiration of sentence (REPEALED)

§2213. Recovery before expiration of sentence
(REPEALED)
SECTION HISTORY
PL 1965, c. 58, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 309: COMMITMENT OF MENTALLY ILL PRISONERS › 15 §2214. Costs and expenses; attorney's and physician's compensation (REPEALED)

§2214. Costs and expenses; attorney's and physician's compensation
(REPEALED)
SECTION HISTORY
PL 1965, c. 58, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 309: COMMITMENT OF MENTALLY ILL PRISONERS › 15 §2215. Commitment of inmates of jails and persons under indictment (REPEALED)

§2215. Commitment of inmates of jails and persons under indictment
(REPEALED)
SECTION HISTORY
PL 1969, c. 403, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 309: COMMITMENT OF MENTALLY ILL PRISONERS › 15 §2216. District Court Judge may hold court in towns where prisons or jails are located (REPEALED)

§2216. District Court Judge may hold court in towns where prisons or jails are located
(REPEALED)
SECTION HISTORY
PL 1965, c. 58, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 309: COMMITMENT OF MENTALLY ILL PRISONERS › 15 §2217. Commitment when motion for sentence is made; proceedings if insane at expiration of term; support (REPEALED)

§2217. Commitment when motion for sentence is made; proceedings if insane at expiration of term; support
(REPEALED)
SECTION HISTORY
PL 1969, c. 403, §3 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 309: COMMITMENT OF MENTALLY ILL PRISONERS › 15 §2217-A. Support in a state mental hospital of persons admitted from county jails

§2217-A. Support in a state mental hospital of persons admitted from county jails
Persons admitted under section 2211‑A, except convicts in execution of sentence, shall be supported in a state hospital for the mentally ill as provided in Title 34, chapter 195.   [PL 1969, c. 403, §4 (NEW).]
SECTION HISTORY
PL 1969, c. 403, §4 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 309: COMMITMENT OF MENTALLY ILL PRISONERS › 15 §2218. Transportation of women

§2218. Transportation of women
When a woman is to be transported to or from a state hospital for the mentally ill under this chapter, the officer making application for her admission shall, unless she is to be accompanied by her husband or any adult relative, designate a woman to be an attendant or one of the attendants to accompany her.   [PL 1969, c. 403, §5 (RPR).]
SECTION HISTORY
PL 1969, c. 403, §5 (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310: POST-JUDGMENT MOTION BY PERSON SEEKING TO SATISFY THE PREREQUISITES FOR OBTAINING SPECIAL RESTRICTIONS ON DISSEMINATION AND USE OF CRIMINAL HISTORY RECORD INFORMATION FOR CERTAIN CRIMINAL CONVICTIONS (REPEALED) › 15 §2251. Definitions (REPEALED)

§2251. Definitions
(REPEALED)
SECTION HISTORY
PL 2015, c. 354, §1 (NEW). MRSA T. 15 §2259 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310: POST-JUDGMENT MOTION BY PERSON SEEKING TO SATISFY THE PREREQUISITES FOR OBTAINING SPECIAL RESTRICTIONS ON DISSEMINATION AND USE OF CRIMINAL HISTORY RECORD INFORMATION FOR CERTAIN CRIMINAL CONVICTIONS (REPEALED) › 15 §2252. Statutory prerequisites for obtaining special restrictions on dissemination and use of criminal history record information for a criminal conviction (REPEALED)

§2252. Statutory prerequisites for obtaining special restrictions on dissemination and use of criminal history record information for a criminal conviction
(REPEALED)
SECTION HISTORY
PL 2015, c. 354, §1 (NEW). PL 2019, c. 113, Pt. C, §43 (AMD). MRSA T. 15 §2259 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310: POST-JUDGMENT MOTION BY PERSON SEEKING TO SATISFY THE PREREQUISITES FOR OBTAINING SPECIAL RESTRICTIONS ON DISSEMINATION AND USE OF CRIMINAL HISTORY RECORD INFORMATION FOR CERTAIN CRIMINAL CONVICTIONS (REPEALED) › 15 §2253. Motion; persons who may file (REPEALED)

§2253. Motion; persons who may file
(REPEALED)
SECTION HISTORY
PL 2015, c. 354, §1 (NEW). MRSA T. 15 §2259 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310: POST-JUDGMENT MOTION BY PERSON SEEKING TO SATISFY THE PREREQUISITES FOR OBTAINING SPECIAL RESTRICTIONS ON DISSEMINATION AND USE OF CRIMINAL HISTORY RECORD INFORMATION FOR CERTAIN CRIMINAL CONVICTIONS (REPEALED) › 15 §2254. Motion and hearing; process (REPEALED)

§2254. Motion and hearing; process
(REPEALED)
SECTION HISTORY
PL 2015, c. 354, §1 (NEW). MRSA T. 15 §2259 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310: POST-JUDGMENT MOTION BY PERSON SEEKING TO SATISFY THE PREREQUISITES FOR OBTAINING SPECIAL RESTRICTIONS ON DISSEMINATION AND USE OF CRIMINAL HISTORY RECORD INFORMATION FOR CERTAIN CRIMINAL CONVICTIONS (REPEALED) › 15 §2255. Special restrictions on dissemination and use of criminal history record information relating to criminal conviction (REPEALED)

§2255. Special restrictions on dissemination and use of criminal history record information relating to criminal conviction
(REPEALED)
SECTION HISTORY
PL 2015, c. 354, §1 (NEW). MRSA T. 15 §2259 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310: POST-JUDGMENT MOTION BY PERSON SEEKING TO SATISFY THE PREREQUISITES FOR OBTAINING SPECIAL RESTRICTIONS ON DISSEMINATION AND USE OF CRIMINAL HISTORY RECORD INFORMATION FOR CERTAIN CRIMINAL CONVICTIONS (REPEALED) › 15 §2256. Limited disclosure of eligible criminal conviction (REPEALED)

§2256. Limited disclosure of eligible criminal conviction
(REPEALED)
SECTION HISTORY
PL 2015, c. 354, §1 (NEW). MRSA T. 15 §2259 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310: POST-JUDGMENT MOTION BY PERSON SEEKING TO SATISFY THE PREREQUISITES FOR OBTAINING SPECIAL RESTRICTIONS ON DISSEMINATION AND USE OF CRIMINAL HISTORY RECORD INFORMATION FOR CERTAIN CRIMINAL CONVICTIONS (REPEALED) › 15 §2257. Unlawful dissemination (REPEALED)

§2257. Unlawful dissemination
(REPEALED)
SECTION HISTORY
PL 2015, c. 354, §1 (NEW). MRSA T. 15 §2259 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310: POST-JUDGMENT MOTION BY PERSON SEEKING TO SATISFY THE PREREQUISITES FOR OBTAINING SPECIAL RESTRICTIONS ON DISSEMINATION AND USE OF CRIMINAL HISTORY RECORD INFORMATION FOR CERTAIN CRIMINAL CONVICTIONS (REPEALED) › 15 §2258. Review of determination of eligibility; review of determination of subsequent criminal conviction (REPEALED)

§2258. Review of determination of eligibility; review of determination of subsequent criminal conviction
(REPEALED)
SECTION HISTORY
PL 2015, c. 354, §1 (NEW). MRSA T. 15 §2259 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310: POST-JUDGMENT MOTION BY PERSON SEEKING TO SATISFY THE PREREQUISITES FOR OBTAINING SPECIAL RESTRICTIONS ON DISSEMINATION AND USE OF CRIMINAL HISTORY RECORD INFORMATION FOR CERTAIN CRIMINAL CONVICTIONS (REPEALED) › 15 §2259. Repeal (REPEALED)

§2259. Repeal
(REPEALED)
SECTION HISTORY
PL 2015, c. 354, §1 (NEW). MRSA T. 15 §2259 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310-A: POST-JUDGMENT MOTION TO SEAL CRIMINAL HISTORY RECORD › 15 §2261. Definitions

§2261. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2021, c. 674, §1 (NEW).]
1.  Administration of criminal justice.
"Administration of criminal justice" has the same meaning as in Title 16, section 703, subsection 1.
[PL 2021, c. 674, §1 (NEW).]
2.  Another jurisdiction.
"Another jurisdiction" has the same meaning as in Title 17‑A, section 2, subsection 3‑B.
[PL 2021, c. 674, §1 (NEW).]
3.  Criminal history record information.
"Criminal history record information" has the same meaning as in Title 16, section 703, subsection 3.
[PL 2021, c. 674, §1 (NEW).]
4.  Criminal justice agency.
"Criminal justice agency" has the same meaning as in Title 16, section 703, subsection 4.
[PL 2021, c. 674, §1 (NEW).]
5.  Dissemination.
"Dissemination" has the same meaning as in Title 16, section 703, subsection 6.
[PL 2021, c. 674, §1 (NEW).]
6.  Eligible criminal conviction.
"Eligible criminal conviction" means a conviction for a current or former Class E crime, except a conviction for a current or former Class E crime under Title 17‑A, chapter 11.
[PL 2021, c. 674, §1 (NEW).]
7.  Sealed record.
"Sealed record" means the criminal history record information relating to a specific criminal conviction that a court has ordered to be sealed under section 2264.
[PL 2021, c. 674, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 674, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310-A: POST-JUDGMENT MOTION TO SEAL CRIMINAL HISTORY RECORD › 15 §2262. Statutory prerequisites for sealing criminal history record information

§2262. Statutory prerequisites for sealing criminal history record information
Except as provided in section 2262‑A, criminal history record information relating to a specific criminal conviction may be sealed under this chapter only if:   [PL 2023, c. 409, §1 (AMD).]
1.  Eligible criminal conviction.
The criminal conviction is an eligible criminal conviction;
[PL 2021, c. 674, §1 (NEW).]
2.  Time since sentence fully satisfied.
At least 4 years have passed since the person has fully satisfied each of the sentencing alternatives imposed under Title 17‑A, section 1502, subsection 2 for the eligible criminal conviction;
[PL 2021, c. 674, §1 (NEW).]
3.  Other convictions in this State.
The person has not been convicted of another 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 of the order;
[PL 2021, c. 674, §1 (NEW).]
4.  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 of the order;
[PL 2021, c. 674, §1 (NEW).]
5.  Pending criminal charges.
The person does not have any presently pending criminal charges in this State or in another jurisdiction; and
[PL 2021, c. 674, §1 (NEW).]
6.  Age of person at time of commission.
At the time of the commission of the crime underlying the eligible criminal conviction, the person had in fact attained 18 years of age but had not attained 28 years of age.
[PL 2021, c. 674, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 674, §1 (NEW). PL 2023, c. 409, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310-A: POST-JUDGMENT MOTION TO SEAL CRIMINAL HISTORY RECORD › 15 §2262-A. Special statutory prerequisites for sealing criminal history record information related to engaging in prostitution

§2262-A. Special statutory prerequisites for sealing criminal history record information related to engaging in prostitution
Criminal history record information relating to a criminal conviction for engaging in prostitution under Title 17‑A, former section 853-A must be sealed under this chapter if:   [PL 2023, c. 409, §2 (NEW).]
1.  Eligible criminal conviction.
The criminal conviction is an eligible criminal conviction;
[PL 2023, c. 409, §2 (NEW).]
2.  Time since sentence fully satisfied.
At least one year has passed since the person has fully satisfied each of the sentencing alternatives imposed under Title 17‑A, section 1502, subsection 2 for the eligible criminal conviction; and
[PL 2023, c. 409, §2 (NEW).]
3.  Other convictions.
The person has not been convicted of a violation of Title 17‑A, section 852, 853, 853‑B or 855 or for engaging in substantially similar conduct in another jurisdiction.
[PL 2023, c. 409, §2 (NEW).]
SECTION HISTORY
PL 2023, c. 409, §2 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310-A: POST-JUDGMENT MOTION TO SEAL CRIMINAL HISTORY RECORD › 15 §2263. Motion; persons who may file

§2263. Motion; persons who may file
A person may file a written motion seeking a court order sealing the person's criminal history record information relating to a specific criminal conviction in the underlying criminal proceeding based on a court determination that the person satisfies the statutory prerequisites specified in section 2262 or 2262‑A. The written motion must briefly address each of the statutory prerequisites.   [PL 2023, c. 409, §3 (AMD).]
SECTION HISTORY
PL 2021, c. 674, §1 (NEW). PL 2023, c. 409, §3 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310-A: POST-JUDGMENT MOTION TO SEAL CRIMINAL HISTORY RECORD › 15 §2266. Limited disclosure of eligible criminal conviction

§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.   [PL 2021, c. 674, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 674, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 310-A: POST-JUDGMENT MOTION TO SEAL CRIMINAL HISTORY RECORD › 15 §2267. Review of determination of eligibility; review of determination of subsequent criminal conviction

§2267. Review of determination of eligibility; review of determination of subsequent criminal conviction
A written order entered under section 2264, subsection 5 or 7 may be reviewed by the Supreme Judicial Court.   [PL 2021, c. 674, §1 (NEW).]
1.  Appeal by person.
A person aggrieved by a written order under section 2264, subsection 5 or 7 may not appeal as of right. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.
[PL 2021, c. 674, §1 (NEW).]
2.  Appeal by State.
If the State is aggrieved by a written order under section 2264, subsection 5 or 7, it may appeal as of right, and a certificate of approval by the Attorney General is not required. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.
[PL 2021, c. 674, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 674, §1 (NEW).