Sealing Prior Marijuana Convictions in Maine After Legalization: What the Current Law Allows
Under Maine's post-legalization laws, you can petition to seal past criminal convictions for marijuana offenses committed prior to January 30, 2017, that are now legal under current statutes. However, relief is not automatic; you must wait at least 4 years after sentence completion, have no subsequent convictions, and proactively file a motion to clear your State Bureau of Identification records.
When Maine fully legalized recreational marijuana, it created a complicated legal reality for individuals carrying old criminal convictions for actions that are now perfectly legal. Having an outdated marijuana charge on your record can unjustly cost you employment opportunities, housing, and financial aid. To rectify this, the Maine legislature enacted specific procedures allowing citizens in Auburn, Saco, Westbrook, and statewide to clean up their records. If you are struggling with a legacy cannabis conviction, consulting an attorney from our US Lawyer directory can help you navigate the nuances of the petition process.
Navigating Marijuana Record Sealing in Maine
The rules governing the sealing of marijuana convictions are rooted in 15 M.R.S. § 2261 and 15 M.R.S. § 2263. This statutory framework creates a specific pathway for post-conviction relief that is separate from standard Class E sealing or the Governor's pardon process.
Possession Thresholds Eligible for Sealing
Under 15 M.R.S. § 2261(6), sealing is strictly limited to qualifying marijuana offenses committed prior to January 30, 2017-the date adult-use cannabis legalization took effect in Maine. In addition, the specific conduct you were convicted of must be legal today. Under current Maine law, adults 21 and older can possess up to 2.5 ounces of marijuana. Therefore, if you have an old misdemeanor conviction for possessing 1 ounce of marijuana committed before January 30, 2017, you are generally eligible to have that record sealed, because that amount is under the modern legal limit.
Intent to Distribute and Cultivation Charges
Sealing gets more complicated when dealing with trafficking, intent to distribute, or cultivation charges. Under 15 M.R.S. § 2261(6), certain Class D cultivation offenses committed prior to January 30, 2017 may be eligible if the underlying conduct falls within today's personal possession or home cultivation limits (up to three mature plants). However, felony trafficking of scheduled drugs, commercial distribution, or selling to minors remain serious crimes today. Consequently, those severe offenses cannot be sealed under this statute.
Dispelling the Myth of 'Automatic' Expungement
A widespread and dangerous myth is that when Maine legalized marijuana, the state automatically deleted everyone's old criminal records. This is entirely false. Maine requires an affirmative petition-based process. Under 15 M.R.S. § 2263, you cannot file a petition immediately; you must wait at least 4 full years after completely finishing your sentence, including incarceration, probation, fine payments, and restitution. Furthermore, you must have no subsequent criminal convictions in Maine or any other jurisdiction, and you cannot have any pending criminal charges.
How to Petition the Court and Clear SBI Records
To clear your record, you must file Form CR-218, Maine, Judicial Branch, Motion to Seal Criminal History in the Unified Criminal Docket where you were sentenced. The District Attorney has the right to review the motion to verify the quantity, date of offense, and sentencing completion. Once the judge grants the motion, the court order is sent to the Maine State Bureau of Identification, Augusta (SBI). The SBI is the central repository for criminal records; they will update your official state file so the conviction is marked as confidential criminal history record information and shielded from public inquiries.
How Much Does it Cost in Maine?
The state has made efforts to keep the cost of clearing legalized marijuana offenses accessible, though legal representation is still an investment.
- Court Filing Fees: Courts generally do not charge a high fee to file a motion to seal an eligible marijuana conviction, but you may pay administrative fees ranging from $0 to $50.
- SBI Record Copy: Obtaining your official record to prove your conviction costs about $31.
- Lawyer Fees: Because these petitions are relatively straightforward if the amount is clearly under the 2.5-ounce threshold, defense attorneys usually charge a flat fee between $500 and $1,200.
| Expense Category | Average Cost | Is it required? |
|---|---|---|
| Court Filing Fee | $0 - $50 | Yes |
| SBI Official Record | $31 | Yes, for accurate filing |
| Legal Representation | $500 - $1,200 | No, but highly recommended |
How Long Does the Process Take?
The timeline for sealing a marijuana conviction is generally faster than a pardon. Once the petition is filed, if the prosecutor agrees that your old charge falls within the modern legal limits, the judge can sign the order without a hearing. Typically, the entire process-from filing the paperwork to the Maine State Bureau of Identification, Augusta updating their database-takes roughly 2 to 4 months.
Frequently Asked Questions (FAQ)
If my marijuana record is sealed, can I buy a firearm?
State-level sealing restores many rights, but federal law regarding firearms and marijuana remains strict. Under federal law, being a known user of marijuana or having certain drug convictions can still trigger a denial on a federal background check.
What if I plead guilty to a lesser charge instead of possession?
If you were originally arrested for marijuana possession but accepted a plea deal for 'disorderly conduct' or another generic charge, the court will look at the underlying facts of the case to determine if it is eligible for sealing under the marijuana statute.
Can out-of-state residents clear old Maine marijuana charges?
Yes. If you caught a marijuana charge while visiting Maine years ago, you are fully eligible to petition the Maine court to seal the record, and you often do not need to return to the state if you hire a local attorney to represent you.
Will landlords see my sealed marijuana conviction?
Once the court seals the record and the State Bureau of Identification updates their system, standard background checks run by landlords and civilian employers will no longer show the marijuana conviction.
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