The criminal justice system is complex and largely hidden from everyday life. This is true especially when it comes to understanding our "criminal record" or "criminal history." The impact of a criminal conviction extends beyond fines, license suspensions, and even jail time. After the dust has settled from a criminal charge, many people find themselves being asked questions about criminal history on employment applications, professional licensing renewals, housing application, and more. A reasonable question many people ask: how long does my criminal record exist?
In Maine, the State Bureau of Identification ("SBI") keeps track of criminal records. It records information such as arrests, pleas, dismissals, and convictions. If you want to know what your criminal history looks like in Maine, then you can pay a small fee for a complete report here: https://apps1.web.maine.gov/online/pcr/
If you do have a criminal record and wonder whether it can be "sealed" or "expunged," then there are unfortunately limited options to do so in Maine.
Many states have strong laws allowing for "sealing" (hiding criminal convictions from all but certain people, like police and specific employers) and "expungement" (completely deleting the criminal convictions). Maine, however, has a very limited law that only allows for the sealing of specific low-level misdemeanor crimes.
Maine's current law, passed in 2024, allows for sealing of any Class E crime (examples of Class E crimes include Driving to Endanger or Theft of less than $500) so long as the person applying for sealing has waited 4 years since finishing any sentence imposed, received no new criminal convictions since that time, and has no pending convictions. Finally, certain marijuana convictions for Class E or D offenses are also eligible for sealing depending on the date of conviction.
Another way to remove a criminal record is through a pardon. A person can have their record removed from the Maine SBI if they are pardoned by the Governor. The pardon process is lengthy, and pardons are rare. McKee Morgan is experienced in handling pardons and can advise if you are a good fit for the pardon process.
Given the very limited options for sealing criminal records in Maine, your first line of defense is to never be convicted in the first place! The attorneys at McKee Morgan will work on your case and pursue all available defenses to avoid a conviction. If you do have a conviction and believe it can be sealed or pardoned under Maine's current laws, then we are happy to look at your case and help you through this complicated process.