How to Seal a Class E Criminal Record in Maine: Timelines, Eligibility, and Exemptions
Under Maine law, any adult can petition to seal an eligible Class E criminal conviction after completing a 4-year waiting period with no new convictions. The underlying offense cannot be related to domestic violence, sexual assault, or operating under the influence.
Having a criminal record can create significant barriers when you apply for housing, jobs, or higher education. Fortunately, Maine has recognized that past mistakes should not haunt a person for their entire life. Through recent legislative changes, individuals with certain low-level misdemeanor convictions can finally hide these records from public view. Navigating the courts in Portland, Lewiston, or Bangor to seal a record requires a clear understanding of the state's specific eligibility rules. If you need assistance determining if your case qualifies, we highly recommend finding a local criminal defense attorney through our US Lawyer directory.
Sealing vs. Expungement in Maine
It is critical to understand the legal terminology used in the state. Many people ask how to 'expunge' their record. However, Maine does not have a true adult expungement law. Expungement typically means the physical destruction of the record as if it never existed. Instead, Maine offers 'sealing' under Me. Rev. Stat. tit. 15, ch. 310-A. When a record is sealed, it is hidden from public background checks, meaning most employers and landlords will not see it. However, the record still physically exists and can be viewed by law enforcement and certain government agencies.
Step-by-Step Process to Seal a Class E Record in Maine
The process of sealing a Class E misdemeanor involves proving to the court that you have met all statutory requirements and have not committed new crimes. Here is how the process generally unfolds.
Adult Eligibility for Class E Sealing
Under Me. Rev. Stat. tit. 15, § 2261(6), Maine law no longer imposes an age restriction for Class E record sealing. Any adult convicted of an eligible Class E crime may petition the court to seal their record, provided they satisfy all statutory prerequisites. If you were a juvenile (under 18) at the time of the offense, your records fall under separate juvenile sealing procedures. For adults, eligibility requires waiting the necessary timeframe and maintaining a clean record without subsequent convictions.
The Mandatory 4-Year Waiting Period
You cannot immediately seal a record after walking out of the courtroom. Under the law, you must wait at least 4 years from the date you completely finished your sentence. This includes serving any jail time, paying all court fines in full, and successfully completing any term of probation. Furthermore, during this 4-year waiting period, you cannot have been convicted of any new state or federal crimes. A clean record during this waiting period is an absolute requirement.
Exemptions for Sexual Assault and Domestic Violence
Not all Class E crimes are eligible for sealing. The Maine legislature explicitly excluded certain offenses to protect public safety. You cannot seal a conviction if it is related to domestic violence, sexual assault, or any crime that required you to register as a sex offender. Additionally, operating under the influence (OUI) convictions are generally excluded from this specific sealing statute. If your Class E crime involved these elements, sealing will be denied.
Filing the Motion to Seal
To begin the legal process, you must file a formal motion with the specific court where you were originally convicted. For example, if you were convicted in Bangor, you would submit the Form CR-218, Maine, Judicial Branch, Motion to Seal Criminal History to the Penobscot County Unified Criminal Docket, Bangor. You must also formally notify the local District Attorney's office, giving them an opportunity to object to your motion. If the prosecutor objects, the judge may schedule a formal hearing where you must argue why sealing is appropriate.
How Much Does it Cost in Maine?
The financial cost of sealing a record in Maine is relatively low compared to other states, but hiring a lawyer can increase the overall investment.
- Court Filing Fee: There is no court filing fee ($0) to submit the motion to seal under Maine court rules.
- Background Check Fees: You must obtain an official copy of your record from the Maine State Bureau of Identification, Augusta before filing, which costs approximately $31.
- Lawyer Fees: Most defense attorneys charge a flat fee for record sealing, ranging from $750 to $2,000 depending on the complexity of the case and whether the District Attorney objects.
| Expense Type | Estimated Cost | Required? |
|---|---|---|
| SBI Background Check | $31 | Yes |
| Court Filing Fee | $0 | No fee ($0) |
| Local Attorney Fees | $750 - $2,000 | No, but beneficial |
How Long Does the Process Take?
Once you file the motion and notify the prosecutor, the state generally has a specific window to respond (often 21 to 30 days). If there is no objection and the court's docket is light, a judge might sign the sealing order within 2 to 4 months. If a hearing is required, the process can take 4 to 6 months to resolve entirely.
Frequently Asked Questions (FAQ)
What happens if my Class E sealing request is denied?
If the judge denies your motion, the record will remain public. You typically must wait a certain period, or until circumstances change, before you can attempt to refile, though you may also explore a Governor's Pardon as an alternative.
Will a sealed record show up on a fingerprint background check?
Generally, a sealed record will not appear on a standard civilian background check for employment or housing. However, it will still appear on secure background checks conducted by law enforcement, military recruiters, or when applying for certain professional state licenses.
Can I seal more than one Class E conviction?
Maine law imposes strict limits on the number of convictions you can seal. Generally, this law is designed to give a single second chance to individuals with an isolated incident, not to clear a lengthy, habitual criminal record.
Do I have to disclose a sealed record on a job application?
Under Maine law, if your criminal record is officially sealed by the court, you generally have the legal right to answer 'no' if an employer asks if you have ever been convicted of that specific crime.
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