Maine Expungement Laws: Record Sealing Under 15 M.R.S. § 2261 et seq.
Maine Expungement Laws: What the State Actually Allows
Maine offers no general expungement of adult criminal convictions. The only available relief is a court-ordered sealing of certain Class E conviction records under 15 M.R.S. §§ 2261-2269, a law that took effect on August 9, 2024, and eligibility is narrow.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Maine state law only. For a nationwide comparison, see Expungement Laws by State.
Does Maine Have Expungement?
Maine does not have a general expungement law for adult criminal convictions. Unlike many states that permit expungement, which erases or destroys a conviction record, Maine offers only sealing for a narrow category of offenses. Sealing means the record is withheld from most public searches and non-criminal-justice inquiries, but the underlying record continues to exist. Under 15 M.R.S. § 2266, a person whose conviction has been sealed may answer questions from employers, landlords, schools, and lenders as if the conviction had not occurred. Criminal justice agencies, however, retain full access. Maine's current sealing framework was enacted in 2023 and took effect on August 9, 2024, replacing the earlier Chapter 310 sealing statutes, which had been repealed.
What Records Are Eligible for Sealing Under 15 M.R.S. § 2261?
The sealing law in Maine applies to two categories of eligible criminal convictions, as defined in 15 M.R.S. § 2261. First, a conviction for a current or former Class E crime qualifies, except for any Class E crime under Title 17-A, Chapter 11 (sexual assault and related offenses). Second, certain marijuana-related convictions entered before January 30, 2017 qualify: aggravated trafficking or cultivation of marijuana under former law at the Class D level and unlawful marijuana possession convictions at the Class D level that meet the specific criteria set out in § 2261(6)(B). Class A, B, C, and D felony convictions other than those marijuana exceptions are not eligible. Misdemeanor convictions that rise above Class E are likewise excluded. There is no general "clean slate" or automatic sealing pathway; every eligible person must file a written motion in the court where the conviction occurred.
Maine Record Sealing Eligibility Requirements Under 15 M.R.S. § 2262
To qualify for sealing, a person must satisfy all of the following prerequisites set out in 15 M.R.S. § 2262. At least 4 years must have passed since the person fully completed every sentencing requirement imposed for the eligible conviction, including imprisonment, probation, administrative release, fines, license suspension, restitution, and community service. Since completing that sentence, the person must have no other adult criminal convictions in Maine and no cases resolved through a deferred disposition in Maine. Since completing the sentence, the person must also have no criminal convictions in any other jurisdiction. The person must have no presently pending criminal charges in Maine or any other jurisdiction. All four conditions must be met at the time of filing. A separate and shorter pathway exists under 15 M.R.S. § 2262-A for persons whose eligible conviction involves the former prostitution offense (Title 17-A, § 853-A), requiring only a 1-year waiting period and no subsequent prostitution-related convictions.
How to File a Motion to Seal in Maine
The filing process is governed by 15 M.R.S. § 2263 and § 2264. A person seeking sealing must file a written motion in the underlying criminal proceeding, in the same court where the conviction was entered, which in most cases will be a Maine District Court. The Maine Judicial Branch makes Form CR-218 (Motion to Seal Criminal History) available at District Court clerk offices and on the courts website. The clerk schedules a hearing after the motion is filed. At the hearing, Maine Rules of Evidence do not apply; the court accepts testimony, affidavits, and other reliable hearsay evidence. The petitioner must establish each statutory prerequisite by a preponderance of the evidence. The prosecutor's office from the original case represents the state. No filing fee for the sealing motion is specified by statute. If the court grants the motion, it issues a written sealing order and notifies the State Bureau of Identification electronically. The Bureau then amends its records to reflect that the criminal history record information is sealed, and the petitioner receives notice at their last known address.
Who Can Still See a Sealed Record?
Sealing restricts public access but does not eliminate the record. Under 15 M.R.S. § 2265, the following entities retain access to sealed criminal history record information: the person who was convicted or their designee; criminal justice agencies for prosecution and court proceedings; the Secretary of State for motor vehicle compliance; crime victims and their legal representatives; the Department of Professional and Financial Regulation and the Office of Securities; professional licensing agencies conducting background checks on applicants and licensees; financial institutions required by law to run criminal background checks on employees or board members; and organizations required under state or federal law to conduct fingerprint-based criminal background checks. Employers and landlords not conducting fingerprint-based checks cannot access sealed records and may be told the conviction never occurred. A new criminal conviction after sealing automatically unseals the record under § 2264, and the person is required to notify the court promptly.
Non-Conviction Records: Confidentiality Under 16 M.R.S. § 703
Maine law separately protects non-conviction criminal history records without any petition or court order. Under 16 M.R.S. § 703(2), the following categories of records are classified as confidential criminal history record information automatically: arrest or summons records where more than one year has passed without an active prosecution; records showing that law enforcement or prosecutors declined to proceed; grand jury findings of insufficient evidence; dismissed charges; acquittals; and records of full pardons. These confidential records cannot be confirmed or denied to parties that would not be eligible to receive them, per 16 M.R.S. § 705. Unlike sealing, confidentiality under § 703 is not a court-ordered process. It applies by operation of law as soon as the statutory criteria are met. This protection is meaningful for people arrested but not convicted, or whose cases were dismissed.
Disclaimer: This article describes Maine law as it stood on May 29, 2026, based on 15 M.R.S. §§ 2261-2269 and 16 M.R.S. § 703. Maine law in this area changed significantly in 2023 and 2024. This article is general legal information, not legal advice, and has not been reviewed by a licensed Maine attorney. Consult a licensed Maine attorney before making decisions about your specific situation.
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Sources
Maine record sealing law is codified at 15 M.R.S. §§ 2261-2269 (Chapter 310-A); confidential criminal history record information is defined at 16 M.R.S. § 703; the Maine Judicial Branch publishes sealing guidance and Form CR-218 at courts.maine.gov.
- Maine Legislature, 15 M.R.S. § 2261 - Definitions (Chapter 310-A): https://legislature.maine.gov/statutes/15/title15sec2261.html
- Maine Legislature, 15 M.R.S. § 2262 - Statutory prerequisites for sealing: https://legislature.maine.gov/statutes/15/title15sec2262.html
- Maine Legislature, 15 M.R.S. § 2264 - Motion and hearing process: https://legislature.maine.gov/statutes/15/title15sec2264.html
- Maine Legislature, 15 M.R.S. § 2265 - Entities retaining access to sealed records: https://legislature.maine.gov/statutes/15/title15sec2265.html
- Maine Legislature, 16 M.R.S. § 703 - Criminal history record information definitions (confidential records): https://legislature.maine.gov/statutes/16/title16sec703.html
- Maine Judicial Branch, Sealing Criminal Records self-help page: https://www.courts.maine.gov/help/criminal/sealing.html
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RecordingLaw.com provides general legal information, not legal advice. Laws change; always verify current statutes and consult a licensed Maine attorney for guidance specific to your situation.