🧾 1. Expungement in Maine (Important: basically NOT available)
- Maine does not have a general expungement law for adult criminal records.
- That means:
- You generally cannot erase or destroy a criminal record.
- Convictions typically remain on your record permanently unless another form of relief applies.
👉 There have been proposed bills to allow expungement (for lower-level offenses after waiting periods), but these are not broadly enacted law.
🔒 2. Record Sealing (Maine’s main alternative)
Because expungement isn’t available, Maine uses “sealing” as the primary way to limit access to a record.
What sealing does
- The record is not erased, but:
- It becomes hidden from the general public
- You can often legally say you don’t have that conviction in most situations
- Law enforcement and certain agencies can still access it
Who can qualify (general rules)
Under 15 M.R.S. § 2262, a person may qualify if:
- The conviction is an eligible offense
- At least 4 years have passed since completing the sentence
- No new convictions (in Maine or elsewhere)
- No pending charges
Recent updates (2024 law changes)
- Expanded eligibility for sealing
- Removed some prior age restrictions
- Allows sealing of certain marijuana-related convictions
Important limitations
- Typically applies to lower-level offenses (like Class E and some Class D crimes)
- Not all convictions qualify
🤝 3. Pardons (Executive Clemency)
If sealing isn’t available or sufficient, Maine offers pardons through the governor.
How a pardon works
- Granted by the Governor with input from the Pardon Board
- Does not erase the conviction
Instead:
- The conviction becomes confidential criminal history information
- Access is restricted, but the record still exists
Key realities
- Pardons are:
- Rare
- A lengthy application process
- Often used for:
- Employment barriers
- Professional licensing issues
- Demonstrated rehabilitation
📂 4. Non-Conviction Records (Good news here)
Some records may already be confidential by law, including:
- Charges that were dismissed
- Cases where no charges were filed after a period of time
These are generally not publicly accessible in the same way as convictions
⚖️ Bottom line (plain English)
- ❌ No true expungement in Maine
- 🔒 Sealing = main option to hide certain convictions
- 🤝 Pardon = rare, but powerful relief
- 📂 Some non-convictions are already confidential
Executive Clemency refers to the constitutional power given to the Governor of the State of Maine under Article V, Part First, Section 11, of the Maine State Constitution that allows said Governor the lawful power following a criminal conviction to grant a pardon. Both misdemeanors and felony convictions have the possibility of receiving Executive Clemency. A pardon officially forgives an individual for a crime or crimes. If granted Executive Clemency all criminal convictions will appear as non-conviction data. An individual’s criminal record is not expunged or erased; the arrest record still remains public information.
Executive Clemency, or pardon, can only be granted by the Governor of the state of Maine. There is a formal petition process with strict eligibility requirements. The application process and its required documents must be present and fully completed in order for a petition for pardon to be considered.
An Executive Clemency of criminal convictions, or pardon, can greatly improve the future success of an individual. While an arrest record and non-conviction data is available to the public, an Executive Order of Clemency indicates that said individual has been rehabilitated in the eyes of the state. Clemency can allow individuals to obtain employment, educational, and social opportunities that an individual may have been previously barred from.