Full question:
How would a person have a record of a $35 fine for possession of a usable amount of marijuana expunged in Maine? The incident happened 20+ years ago and there have been no legal issues since then.
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Maine
Answer:
Expungement of Criminal Records - General - Maine
1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just "disappear"?
No. In Maine, records of juveniles may be sealed, as opposed to being expunged. The records cannot be accessed for general civil use.
3. What records may be sealed?
All records pertaining to the juvenile crime and its disposition, and to any prior juvenile records and their dispositions. 15 M.R.S.A. § 3308.>
4. Who is eligible for having records sealed?
A person adjudicated to have committed a juvenile crime if (1) at least 3 years have passed since the person's discharge from the disposition for that juvenile crime, (2) since the date of disposition, the person has not been judged to have committed a juvenile crime and has not been convicted of committing a crime; and (3) there are no current adjudicatory proceedings pending for a juvenile or other crime.
The court may grant the petition if it finds that the requirements of above are satisfied, unless it finds that the general public's right to information substantially outweighs the juvenile's interest in privacy. 15 M.R.S.A. § 3308.
5. How do I get records sealed?
A juvenile who meets the above requirements may petition the court having jurisdiction over the records for an order to seal those records. 15 M.R.S.A. § 3308.
Criminal Record Challenge Process.
The State of Maine allows an individual to review and challenge the information found in his or her criminal record. He or she may contact SBI in person, over the phone, or by mail to request that an incorrect or incomplete record be changed or corrected. The request should be clear about the particular record involved, the nature of the desired correction, and the justification for it.
After someone has challenged their criminal record, SBI will research the record to determine if the information is accurate and complete. If SBI concludes that the record contains inaccurate or incomplete information, immediate action will be taken to correct the record. SBI will notify the challenger, and any entity who requested their record within the last year, of the findings and any corrections made to the record.
If an individual is not satisfied with the results of their challenge, they can appeal to the Superior Court.
Executive Clemency
Maine does not expunge (erase) criminal records, so criminal records never get "wiped clean" by a pardon. Instead, information concerning the pardoned conviction is considered "non-conviction" data and is not available for public inquiries. Information related to a conditional pardon (or commutation of sentence) may still be disseminated for public inquiries. The forms to file a Petition for Executive Clemency and a detailed explanation of the process are available on the Secretary of State's website.
Contact Information:
Mailing Address
State Bureau of Identification
State House Station #42
Augusta, ME 04333-0042
Physical Location
45 Commerce Drive, Suite 1
Augusta
Phone
Voice (207) 624-7240
TDD (207) 287-3659
Office Hours: Monday through Friday, 8:00 am to 5:00 pm
Please see the Maine Secretary of State's website for more complete information:
http://www.maine.gov/sos/cec/boards/pardons.htm
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
