Sealing and expunging criminal records in Maine offer individuals a chance to remove or limit public access to their criminal history. These legal processes are available under certain conditions, providing individuals with a fresh start by either sealing their records from public view or fully expunging them from the public record. Understanding the difference between sealing and expungement, and knowing when each option is available, is key to navigating the process effectively.
In Maine, the process for sealing or expunging a criminal record involves specific legal steps that must be followed carefully. Factors like the severity of the offense, the time elapsed since the conviction, and the individual’s conduct after the conviction play a role in determining eligibility. For those who meet the criteria, sealing or expunging a criminal record can result in a more positive future by reducing the barriers often associated with having a criminal history.
What’s the Difference Between Sealing and Expungement?
When dealing with criminal records, the terms sealing and expungement are often used interchangeably, but they mean different things, especially in Maine. Understanding these differences is key to deciding which option may be available to you.
Definition of Sealing
Sealing a criminal record means that the record is hidden from public view, but it’s not completely erased. This process essentially makes the record inaccessible to employers, landlords, or the general public. However, law enforcement and certain government agencies can still access it when needed.
The advantage of sealing a record is that it allows you to move forward without the stigma of a criminal record hindering your opportunities, such as finding employment or housing. Maine law provides broader access to record sealing than expungement, which is more limited in scope.
Definition of Expungement
Expungement, on the other hand, is a more permanent solution. When a criminal record is expunged, it is completely erased from the system. It is as if the event never occurred, and the record is removed from most public and searchable databases. However, some limited records may still be retained by the courts for administrative purposes. Expungement is typically reserved for very specific cases, such as juvenile offenses or certain drug convictions, and the process is usually more complex.
Expunging a record generally restores your legal status and allows you to state that you have not been convicted in most situations, though some exceptions may apply (such as for certain government applications or background disclosures). It’s an option many hope for, but it’s not always possible, especially in Maine.
Which One Is More Common in Maine?
In Maine, sealing criminal records is much more common than expungement. Most people who want to clear their criminal record will seal it rather than seek expungement, simply because sealing is a more accessible and realistic option. Expungement is typically available only under specific circumstances, such as certain juvenile crimes or some minor marijuana offenses, especially after marijuana was legalized.
Key Legal Impact Differences
- Sealed Records:
- Record is hidden from public view.
- Law enforcement and specific agencies can still access the record.
- Does not affect firearm ownership or professional licenses.
- Expunged Records:
- Completely erased from public and law enforcement databases.
- No legal impact on most matters (employment, housing).
- Some serious offenses (e.g., violent crimes) are ineligible for expungement.
Both sealing and expungement offer a way to move past a criminal record, but it’s important to know which option is right for you based on your specific situation. Each option has different benefits, eligibility requirements, and outcomes.
Who Qualifies for Record Sealing in Maine?
If you’re looking to clear your criminal record in Maine, sealing it may be the answer. Sealing your record can reduce public visibility and help minimize obstacles in areas like housing, education, and certain opportunity-related situations. Understanding who is eligible and what types of crimes can be sealed is essential before you begin. Let’s take a closer look at the criteria for record sealing in Maine.
Eligible Crimes for Sealing
Not all crimes can be sealed. In Maine, Class E misdemeanors are the most common offenses eligible for sealing. These are less severe charges, such as certain types of theft or minor drug offenses. Non-violent crimes are also typically eligible, while more serious offenses often aren’t.
However, crimes that involve violence, such as assault or robbery, usually can’t be sealed. Similarly, certain drug convictions (especially felonies) and crimes like DUI may not qualify for sealing.
Waiting Period: How Long Before You Can Apply?
After your conviction, you’ll need to wait a few years before you can apply for sealing. The exact time depends on the nature of your crime and whether you’ve had any new offenses since your conviction.
For most crimes, the waiting period is five years after completing your sentence, including probation or parole. This ensures you’ve had a clean record during this period and have proven your rehabilitation.
Pardoned vs. Non-Pardoned Cases:
- Pardoned cases: If you have received a pardon from the Governor of Maine, it acts as an official forgiveness. This can help make your record eligible for sealing, even if the offense was serious. A pardon essentially clears your slate, allowing for more options when sealing a record, even for crimes that would normally not qualify.
- Non-pardoned cases: If you haven’t been granted a pardon, the process becomes more restrictive. In these cases, only certain minor offenses (like Class E misdemeanors or non-violent crimes) are eligible for sealing. Serious offenses generally don’t qualify, even if they occurred in the past.
Restrictions: What Can’t Be Sealed?
There are certain crimes in Maine that cannot be sealed. These include:
- Violent offenses: Assault, homicide, and other violent crimes.
- Serious drug offenses: Felony drug charges, including trafficking.
- DUI convictions: Driving under the influence of alcohol or drugs usually remains on your record.
- Sex crimes: Most sexual offenses, especially involving minors, are not eligible for sealing.
Understanding these restrictions is important because it sets clear expectations about what can and can’t be done with your criminal record.
How to Seal a Criminal Record in Maine
Sealing your criminal record in Maine is a powerful way to start fresh. The process may seem complex, but with these clear steps, you can successfully seal your record and improve your chances of employment, housing, and more.
Step 1: Verify Eligibility
Before you begin the sealing process, it’s important to confirm whether you qualify. In Maine, you can seal your record if:
- The offense is eligible: Usually, only non-violent misdemeanors (Class E) can be sealed. Felonies are typically excluded unless you’ve received a Governor’s pardon.
- Waiting period has passed: You must wait several years after completing your sentence before applying for sealing (typically 5 years for misdemeanors and 10 for felonies).
- No new convictions: You must have stayed crime-free during the waiting period.
To verify eligibility, review your case details or contact your local court.
Step 2: Obtain Necessary Documentation
The next step is to gather all the documents needed to file your petition. You’ll need:
- Court records: These can be obtained from the court that handled your case.
- Proof of completed sentence: Documentation showing you’ve served your sentence and fulfilled any probation or fines.
- Pardon documentation (if required): If a pardon is necessary for your case, you’ll need the official pardon certificate.
Having these documents ready will help ensure a smooth application process.
Step 3: Apply for Pardon (if Needed)
In some cases, especially for serious offenses, you’ll need to apply for a Governor’s pardon before you can seal your record.
- Requesting a pardon: A pardon request is submitted to the Maine Governor’s Office of Clemency.
- Eligibility for a pardon: Not all offenses are eligible for a pardon. Typically, the offense must be a non-violent crime and you should have demonstrated rehabilitation since the conviction.
- Pardon application process: The Governor reviews your application, which can take several months. If granted, you can then proceed with sealing your record.
If a pardon is unnecessary for your case, you can move directly to filing the petition to seal.
Step 4: File Sealing Petition
Once you have all your documents and a pardon (if applicable), you can file a petition to seal with the court where you were convicted.
- Filing the petition: Submit the petition form along with supporting documents to the appropriate court. There will be a filing fee, which varies based on the complexity of your case.
- Court review: After you file, the court will review your petition to ensure it meets all eligibility requirements.
In some cases, a hearing may be scheduled to review your petition. If a hearing is required, it’s important to prepare by understanding your case and how sealing your record will benefit your rehabilitation.
Step 5: Attend Sealing Hearing (if Applicable)
If your case requires a hearing, be prepared to explain why sealing your record is important for your future.
- Hearing format: Typically, you’ll present your case in front of a judge who will consider factors like your rehabilitation, the offense type, and the impact of sealing your record.
- What to bring: Be sure to bring all supporting documents, including your court records, proof of rehabilitation, and a personal statement explaining why you seek to seal your record.
If the judge approves, your record will be sealed, and you’ll be notified of the decision. If denied, you may be able to appeal or apply again in the future once more time has passed.
Sealing Juvenile Records in Maine
In Maine, juvenile records are automatically sealed once the individual turns 18, provided they haven’t been convicted of adult crimes. For serious offenses, however, a petition must be filed with the court to seal the records. The court evaluates factors such as the offense type and the individual’s behavior since the conviction. Sealing juvenile records can significantly impact future opportunities, including employment and housing. However, it’s important to note that some records may still be accessible to law enforcement or government agencies.
Automatic Sealing for Minors
In Maine, juvenile records are often treated differently from adult records. Automatic sealing of juvenile records occurs once the individual turns 18, provided that they haven’t been convicted of any adult crimes. This automatic process helps individuals who committed offenses as minors to start fresh in adulthood. However, it’s important to note that serious crimes or repeat offenses may complicate this process. In most cases, minors who follow the law after turning 18 benefit from this automatic sealing, allowing them to move forward without the burden of past mistakes.
Key Points:
- Juvenile records are sealed automatically at age 18.
- No adult convictions during the juvenile period.
- Serious or repeat offenses may delay or prevent sealing.
Petition Process for Serious Offenses
If a juvenile was involved in a serious offense, automatic sealing may not apply. In these cases, the individual or their legal representative can petition the court to seal the records. The court will review several factors, including the nature of the offense, the individual’s behavior since the conviction, and whether sealing the record would serve the public interest. If you or a loved one is seeking to seal a juvenile record for a more serious offense, it’s advisable to work with an attorney to ensure that all necessary steps are followed.
How Juvenile Records Affect Adulthood
Having a juvenile record can impact an individual’s future opportunities, especially when it comes to employment, education, and housing. Even though juvenile records are not usually accessible to the general public, they can still be viewed by certain organizations, like employers or colleges, if the individual has been convicted of serious crimes. Sealing the record removes this potential barrier, allowing the individual to move forward without the shadow of past mistakes.
Do Sealed Records Appear in Maine Background Checks?
In Maine, Sealed records typically do not appear in standard background checks conducted for general informational or non-commercial purposes. However, sealed information may still be accessible to law enforcement, courts, or for certain government functions. When an individual receives a pardon, their criminal history is essentially erased, making it inaccessible. However, certain confidential criminal information that hasn’t been sealed by a pardon can still be visible during a background check. According to Maine Statutes § 703, the following types of information may still be accessible:
- Summons and arrest details
- Records relating to the prosecution process
- Documents that show court delays or dismissals due to the defendant’s mental condition
- Information about dismissed charges
- Acquittals, excluding those related to insanity defenses
It’s important to note that while pardons can clear records, some criminal history information might remain visible unless fully sealed. This distinction is crucial for understanding the limitations of background checks in Maine.
FAQs About Sealing and Expunging Criminal Records
This section answers common questions about sealing and expunging criminal records in Maine, making it easier to find accurate information quickly.
What is the difference between sealing and expunging?
Sealing a criminal record in Maine means restricting access to the record. While the record still exists, it is not accessible to the public or employers. Expunging a record, on the other hand, completely erases it from public view as though it never existed. Both processes allow individuals to move forward with fewer barriers, but expungement offers a more permanent solution.
How can I seal or expunge my criminal record in Maine?
To seal or expunge a criminal record in Maine, individuals must first meet certain eligibility criteria, such as completing the sentence or probation without further incidents. The process involves filing a petition in the court that handled the case. If granted, the court orders the record to be sealed or expunged. It is recommended to consult with a legal professional to navigate the complex process.
Who is eligible to have their criminal records sealed or expunged in Maine?
In Maine, eligibility for sealing or expunging criminal records depends on various factors such as the type of offense, the time that has passed since the conviction, and whether the individual has been convicted of a subsequent crime. Generally, individuals with non-violent misdemeanor offenses and certain types of felonies may qualify. Specific eligibility requirements must be reviewed with legal counsel to ensure a successful petition.
4. How long does it take to seal or expunge a criminal record in Maine?
The process to seal or expunge a criminal record in Maine can take several months. After filing the petition, the court will schedule a hearing. If the petition is granted, it may take additional time for the record to be officially sealed or expunged. The timeline can vary depending on the complexity of the case, the court’s schedule, and any objections raised by the prosecution.
Will a sealed or expunged criminal record show up during a background check in Maine?
Once a criminal record is sealed or expunged in Maine, it typically will not show up on most background checks. Sealed records are only accessible under specific circumstances, such as for certain government or law enforcement purposes. Expunged records, however, are generally treated as if they never existed and are not revealed in most background checks.