PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Allow a Person Who Is 21 Years of Age or Older To Expunge Certain Criminal Convictions
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §2168  is enacted to read:
§ 2168. Expungement of records
 
1.  Expungement of records.     A record of a criminal conviction for a Class D or Class E crime may be expunged for a person who is 21 years of age or older if the person was between 18 and 20 years of age when committing the crime and the conviction is the only criminal conviction of the person. To expunge a record of conviction under this section, the person who was convicted must petition the Secretary of State. A petition under this subsection must provide information necessary as determined by the Secretary of State to assist the Secretary of State in informing the appropriate entities of the expungement under subsection 3.
 
2.  Effect of expungement.     A record of a criminal conviction expunged under this section is deemed to have never been entered and the person who was convicted is deemed to never have been arrested or convicted of the crime for which the record of conviction was expunged. Any civil right or privilege of the person who was convicted that was lost or forfeited due to the underlying conviction of a record that has been expunged must be restored. A person may not use information concerning an expunged record of conviction in any manner to the detriment of the person who was convicted, including:
 
A.  Distributing or disseminating the record;
 
B.  Impeaching any testimony of the person who was convicted; or
 
C.  Considering the information or record regarding the person who was convicted related to a credit application or report, employment or application for employment, access to an educational program, a tenancy application, a real estate purchase, a merchandise purchase or any licensing or regulatory matter.
 
3.  Responsibility to inform.     Upon receipt of a petition to expunge a record of a criminal conviction that meets the requirements of subsection 1, the Secretary of State shall promptly inform all law enforcement agencies, regulatory or licensing agencies, correctional institutions, courts and any other entities and officers who were involved in the original arrest and conviction underlying the record or are in possession of the record of the requirement to expunge and the penalties for a violation under this section. A law enforcement agency, regulatory or licensing agency, correctional institution, court or any other entity or officer informed of the expungement of a record by the Secretary of State under this section shall promptly expunge the record.
 
4.  Violation.     A violation of this section is a Class D crime.
 
5.  Rules.     The Secretary of State may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill allows a person who is 21 years of age or older to petition the Secretary of State to expunge a criminal record of the person if the crime was committed when the person was between 18 and 20 years of age and it is the person's only criminal conviction.