A past criminal charge can feel like a digital ball and chain. In today’s world, a background check is a standard part of applying for a job, an apartment, or even a volunteer position. A mistake from your past, even one that was dismissed, can create a serious barrier to your future.
Many people feel stuck, believing that a criminal record is a life sentence. But in Maine, that isn’t necessarily true. The process of clearing a record is often misunderstood, with complex laws that have recently changed.
You’ve probably heard the term “expungement,” which is the process of completely destroying a record. While this is the goal, Maine’s laws are very specific. For most offenses, the process available is “sealing,” which hides the record from public view. However, a new law has opened the door for true expungement for certain older, minor offenses.
This process is a maze of legal forms and waiting periods. Trying to navigate it alone can be frustrating, which is why many people choose to work with a skilled criminal defense team from the start to ensure the process is handled correctly.
Whether you’re looking for sealing or expungement, a path forward exists. Here is a step-by-step guide to clearing your record in Maine.
Step 1: Know the Lingo: Sealing vs. Expungement
First, let’s clear up the terms. Using the right one is critical to filing the right paperwork.
- Record Sealing: This is the most common option. Sealing does not destroy the record. Instead, it makes it confidential. It is hidden from the general public, including landlords and most private employers. However, the record is still visible to law enforcement and the government for certain background checks (like for purchasing a firearm or working in childcare).
- Record Expungement: This is the “holy grail.” An expungement permanently destroys the record. It is as if the event never happened. As of a 2021 law, Maine now allows for pardon-like expungement, but only for a very specific set of older, non-violent Class E convictions.
Step 2: Determine What You’re Eligible For
This is the hard part. Eligibility in Maine is not a simple yes-or-no question. It depends entirely on what the charge was, what the outcome was, and when it happened.
You may be eligible for sealing if:
- Your case was dismissed or you were found not guilty. These non-conviction records (like acquittals) can be sealed immediately.
- You completed a “deferred disposition.” Once you’ve successfully completed the terms of your agreement (usually a year), you can petition to have the record sealed.
- You were convicted of a specific, low-level Class E offense. This is the most common path for a conviction. You must wait four (4) years after you have completed your entire sentence (including probation) to petition. During that 4-year waiting period, you cannot have any new criminal convictions.
You may be eligible for expungement if:
- You have a Class E conviction (like theft or OUI).
- The conviction occurred at least 40 years ago.
- This new process is handled by the Governor’s office and is treated like a pardon. It’s a complex and lengthy process.
Step 3: Get Your Official Criminal Record
You can’t fix what you can’t see. You must get an official copy of your entire Maine criminal history. This report will show you the exact dates, charges, and dispositions (the final outcome) of your cases.
You can request your official record from the Maine State Police (State Bureau of Identification). Do not rely on a third-party background check website, as these are often incomplete. You need the official state record.
Step 4: File the Correct Petition in the Correct Court
Once you have your record and have confirmed your eligibility, you must formally petition the court.
You must file your “Petition to Seal Records” in the original court where the case was heard (e.g., Augusta District Court, Kennebec County Superior Court). This is a formal legal document where you must state your case number, the charge, and the legal reason you are eligible for sealing.
This petition is then served on the District Attorney’s office, which has the right to object.
Step 5: Prepare for a Hearing (If Necessary)
If the D.A. objects to your petition, or if the judge simply wants to hear from you, a hearing will be scheduled. This is not a new trial, but it is your chance to make your case.
You (or your attorney) will need to argue that you have been rehabilitated and that “the ends of justice” would be served by sealing your record. This is where you can show:
- Proof of steady employment
- Letters of recommendation from your community
- Evidence that the record is holding you back from a specific job or housing opportunity
Having an attorney to speak on your behalf during this hearing can be invaluable.
Step 6: The Final Order
If the judge agrees, they will sign a court order granting your petition. This order is then sent by the court to the State Bureau of Identification, which will officially seal the record. This process can take a few weeks, but once it’s done, the record will no longer appear on public background checks.
Don’t Let Your Past Define Your Future
This process can feel like a bureaucratic nightmare. The waiting periods are long, the forms are specific, and the laws are constantly evolving.
A great resource for understanding the basics is Pine Tree Legal Assistance, which provides excellent self-help guides. However, this is a legal process, and a simple mistake on a form can get your petition dismissed, forcing you to start all over.
A past mistake doesn’t have to be a life sentence. Taking the step to clear your record is an investment in yourself. Don’t be afraid to ask for professional help to ensure it’s done right.
