LD 1911

132nd MAINE LEGISLATURE
  FIRST SPECIAL SESSION-2025
Legislative Document  No. 1911
S.P. 752  In Senate, May 6, 2025
  An Act to Automatically Seal Criminal History Record Information
  for Certain Crimes
   Reference to the Committee on Judiciary suggested and ordered printed.
  DAREK M. GRANT
  Secretary of the Senate
Presented by Senator TALBOT ROSS of Cumberland.
Cosponsored by Representative BOYER of Poland and
Senator: TIPPING of Penobscot, Representatives: LEE of Auburn, PUGH of Portland, SATO
of Gorham, SINCLAIR of Bath.
  Printed on recycled paper
1 Be it enacted by the People of the State of Maine as follows:
2     Sec. 1. 4 MRSA §17, sub-§17, ¶C, as amended by PL 2021, c. 684, §2, is further
3 amended to read:
4     C. The statement on proposed legislation prepared by the State Court Administrator
5     must be considered in the preparation of the fiscal note included in a committee
6     amendment or other amendment if the legislation or amendment has a fiscal impact on
7     the judicial system, as determined by the State Court Administrator; and
8     Sec. 2. 4 MRSA §17, sub-§18, ¶B, as enacted by PL 2021, c. 684, §3, is amended
9 by amending subparagraph (8) to read:
10(8) Provide a mechanism for the retention of all information submitted to or
11communicated by or within the system.; and
12     Sec. 3. 4 MRSA §17, sub-§19 is enacted to read:
13     19. Review for automatic sealing of criminal history record information. Establish
14 and maintain a process by which the Administrative Office of the Courts must perform its
15 obligations to assist with the automatic sealing of criminal history record information for
16 eligible criminal convictions as provided under Title 15, section 2403.
17     Sec. 4. 15 MRSA c. 313 is enacted to read:
18CHAPTER 313
19     AUTOMATIC SEALING OF CERTAIN CRIMINAL HISTORY RECORD
20INFORMATION
21 §2401. Definitions
22    As used in this chapter, unless the context otherwise indicates, the following terms
23 have the following meanings.
24     1. Bureau. "Bureau" means the Department of Public Safety, Bureau of State Police,
25 State Bureau of Identification.
26     2. Criminal history record information. "Criminal history record information" has
27 the same meaning as in Title 16, section 703, subsection 3.
28     3. Criminal justice agency. "Criminal justice agency" has the same meaning as in
29 Title 16, section 703, subsection 4.
30     4. Dissemination. "Dissemination" has the same meaning as in Title 16, section 703,
31 subsection 6.
32     5. Eligible criminal conviction. "Eligible criminal conviction" means:
33     A. A conviction for a current or former Class E crime, except a conviction for a current
34     or former Class E crime under Title 17-A, chapter 11;
35     B. A conviction for a current or former Class D crime, except:
36(1) A conviction for a current or former Class D crime under Title 17-A, chapter
3711 or 12;
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1     (2) A conviction for violation of condition of release under section 1092,
2     committed while the defendant was on preconviction or post-conviction bail for a
3     crime under Title 17-A, chapter 11 or 12;
4     (3) A conviction for a current or former Class D crime under Title 17-A, section
5     852, 853 or 855;
6     (4) A conviction for assault under Title 17-A, section 207 if the defendant was or
7     could have been charged with a crime under Title 17-A, chapter 11 or 12 arising
8     out of the same course of conduct;
9     (5) A conviction for stalking under Title 17-A, section 210-A or domestic violence
10     stalking under Title 17-A, section 210-C;
11     (6) Unless a sentence has been commuted, a conviction involving a crime of
12     domestic violence or a crime involving domestic violence, as defined in section
13     1003, subsection 3-A;
14     (7) A violation of a protective order, as specified in section 321, subsection 6; Title
15     5, section 4659, subsection 1; Title 17-A, section 506-B; Title 19-A, former section
16     4011, subsection 3; Title 19-A, former section 4012, subsection 5; or Title 19-A,
17     section 4113, subsection 1;
18     (8) A conviction for cruelty to animals under Title 17, section 1031;
19     (9) A conviction for a crime against a family or household member, as defined in
20     Title 19-A, former section 4002, subsection 4, regardless of whether the
21     relationship was an element of that crime, if less than 20 years have passed since
22     the judgment of conviction was entered; or
23     (10) A conviction for the crime of violation of a condition of release, pursuant to
24     section 1092, committed while the defendant is released on preconviction or post-
25     conviction bail for a charge that involves a crime against a family or household
26     member, as defined in Title 19-A, former section 4002, subsection 4, regardless of
27     whether the relationship was an element of that crime, if less than 20 years have
28     passed since the judgment of conviction was entered;
29 C. Unlawful possession of scheduled drugs under Title 17-A, section 1107-A or Title
30 17-A, former section 1107;
31 D. A conviction for any other crime under Title 17-A, chapter 45 not otherwise
32 specified in paragraph C, except for a conviction for a Class A crime under section
33 1105-A or a conviction for a crime that involved the use of a firearm; and
34 E. A conviction for a crime committed prior to January 30, 2017 for:
35     (1) Aggravated trafficking, furnishing or cultivation of scheduled drugs under Title
36     17-A, former section 1105 when the person was convicted of cultivating scheduled
37     drugs, that scheduled drug was marijuana and the underlying crime was a Class D
38     or Class E crime;
39     (2) Aggravated cultivating of marijuana under Title 17-A, section 1105-D,
40     subsection 1, paragraph A, subparagraph (4);
41     (3) Aggravated cultivating of marijuana under Title 17-A, section 1105-D,
42     subsection 1, paragraph B-1, subparagraph (4);
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1(4) Aggravated cultivating of marijuana under Title 17-A, section 1105-D,
2subsection 1, paragraph C, subparagraph (4); or
3(5) Aggravated cultivating of marijuana under Title 17-A, section 1105-D,
4subsection 1, paragraph D, subparagraph (4).
5 §2402. Prerequisites for automatic sealing of criminal history record information
6    Criminal history record information relating to one or more specific criminal
7 convictions may be sealed under this chapter only if:
8     1. Eligible criminal conviction. The criminal conviction is:
9     A. An eligible criminal conviction that is a Class D or Class E crime and 5 years have
10     passed since the date of conviction; or
11     B. An eligible criminal conviction that is a Class A, Class B or Class C crime and 10
12     years have passed since the date of conviction, and the person who is the subject of the
13     criminal history record information has completed the person's sentence, including any
14     period of supervised release;
15      2. Other convictions in this State. Since the time at which the person who is the
16 subject of the criminal history record information fully satisfied each of the sentencing
17 alternatives imposed under Title 17-A, section 1502, subsection 2 for the person's most
18 recent eligible criminal conviction up until the time the bureau submits the criminal history
19 record information related to that eligible criminal conviction to the Administrative Office
20 of the Courts under section 2403, subsection 2, the person has not been convicted of a crime
21 in this State and has not had a criminal charge dismissed as a result of a deferred disposition
22 pursuant to Title 17-A, former chapter 54-F or Title 17-A, chapter 67, subchapter 4; and
23     3. Pending criminal charges. The person who is the subject of the criminal history
24 record information does not have any pending criminal charges in this State.
25 §2403. Automatic sealing of criminal history record information
26     Criminal history record information for an eligible criminal conviction must be sealed
27 in accordance with this section if the eligible criminal conviction and the conduct of the
28 person who is the subject of the criminal history record information satisfy the requirements
29 of section 2402.
30     1. Monthly examination of records. Beginning January 1, 2027, the Administrative
31 Office of the Courts shall examine electronic case records at least once per month and
32 compile a list of criminal history record information that meets the requirements of section
33 2402.
34     2. Sealing orders. The Administrative Office of the Courts shall forward the list
35 compiled under subsection 1 to the court with jurisdiction over the underlying criminal
36 proceedings. The courts within that judicial district shall promptly issue sealing orders
37 based on the received list.
38      3. Notice to bureau. Upon issuing a sealing order under subsection 2, the court shall
39 electronically transmit notice of the order to the bureau. Within 14 days of receipt, the
40 bureau shall update its records to reflect that the criminal history record information related
41 to the eligible criminal conviction is sealed and that its dissemination is governed by section
42 2265.
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1      4. Cooperation. The Administrative Office of the Courts; Department of Public
2 Safety, Bureau of State Police; Department of Corrections; judicial branch; and criminal
3 justice agencies that collect, maintain or disseminate criminal history record information
4 shall cooperate with the bureau and assist it with carrying out the purposes and duties of
5 this section.
6 §2404. Limited disclosure of sealed eligible criminal conviction
7     A person whose eligible criminal conviction is the subject of a sealing order under
8 section 2403 may respond to inquiries from persons other than criminal justice agencies
9 and other entities that are authorized to obtain the sealed criminal history record
10 information under section 2265 by not disclosing the existence of the eligible criminal
11 conviction without being subject to any sanctions under the laws of this State. Other than
12 when responding to criminal justice agencies or when under oath while being prosecuted
13 for a subsequent crime, a person whose eligible criminal conviction is the subject of a
14 sealing order does not violate Title 17-A, section 451, 452 or 453 by failing to disclose the
15 eligible criminal conviction.
16 §2405. Motion to seal criminal history record information
17     This chapter may not be construed to prevent a person from filing a written motion
18 seeking a court order to seal the person's criminal history record information relating to a
19 specific criminal conviction in accordance with section 2263.
20SUMMARY
21     This bill establishes a system for automatically sealing criminal history record
22 information associated with criminal convictions for certain crimes, provided that certain
23 conditions are met. Automatic sealing refers to the process established by the bill by which
24 criminal history record information related to qualifying convictions must be sealed and
25 the dissemination of that information limited consistent with the requirements of the Maine
26 Revised Statutes, Title 15, section 2265, without the need to file a petition to seal the
27 information. Under the bill, the Administrative Office of the Courts must routinely
28 examine electronic case records and compile a list of criminal history record information
29 that qualifies for automatic sealing under this legislation and provide that list to the
30 appropriate courts to issue a sealing order.
31     The bill provides a list of criminal convictions for which automatic sealing may be
32 available. The underlying crimes include all Class E crimes except for sexual offenses; all
33 Class D crimes except for certain crimes, such as certain violent crimes or certain offenses
34 against a family member; certain Class D or Class E drug crimes committed prior to
35 January 30, 2017; and other specified drug crimes.
36     The bill provides that for an eligible criminal conviction to be automatically sealed, 5
37 years must have passed since the date of conviction for a Class D or Class E crime. For a
38 Class A, Class B or Class C crime, 10 years must have passed since the date of conviction
39 and the person who is the subject of the criminal history record information must have
40 completed the person's sentence, including any period of supervised release. The criminal
41 history record information is not eligible for sealing if the person who is the subject of the
42 criminal history record information has been convicted of any other crimes in the time
43 elapsed since the person satisfied the sentencing requirements of the eligible criminal
44 conviction.
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