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 8, 2022, 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 created by Public Law 2021, chapter 674 (LD 1310), which became law on May 1, 2022 and took effect on August 8, 2022, the general effective date for non-emergency laws of that legislative session. It replaced the earlier Chapter 310 sealing statutes, which had been repealed. Certain provisions, including the marijuana-conviction eligibility criteria and the § 2262-A pathway, were added later by 2023 legislation.

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, a conviction qualifies if the crime was committed before January 30, 2017 and was one of the listed marijuana offenses: aggravated trafficking or cultivation of marijuana under former law at the Class D level, aggravated cultivating of marijuana under the paragraphs named in the statute, or unlawful possession of marijuana where the underlying crime was a Class D crime, all as set out in § 2261(6)(B). The statute keys this cutoff to when the crime was committed, not to when the conviction was entered, so a qualifying pre-2017 offense still counts even if the conviction came later. Class A, B, and C crimes, which are Maine's felony-level classes, are never eligible. Class D crimes, which are misdemeanors punishable by less than one year under 17-A M.R.S. § 1604, are also excluded unless they fall within those specific marijuana exceptions. 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 the 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. Section 2262 formerly added a prerequisite tied to the person's age when the offense was committed, but the Legislature repealed that subsection (PL 2023, c. 666, § 3), so no age limit applies under current law. All remaining prerequisites 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. With the prosecutor on the other side of that hearing, ask a Maine criminal defense lawyer for a free consultation on presenting the evidence for each prerequisite (attorney advertising). 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.

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, Laws of Maine, PL 2021, c. 674 (LD 1310) enacting Chapter 310-A, with the session effective date on the title page: https://lldc.mainelegislature.org/Open/Laws/2021/2021_PL_c674.pdf
• Maine Legislature, 17-A M.R.S. § 1604 - Maximum terms of imprisonment by crime class: https://legislature.maine.gov/statutes/17-A/title17-Asec1604.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

Related Articles

• Expungement Laws by State
• DUI Expungement by State
• How to Check If Your Record Has Been Expunged

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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.

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Frequently Asked Questions

Does Maine have expungement?

No. Maine does not have a general expungement law for adult criminal convictions. The only relief available is sealing of certain Class E crime convictions and a narrow category of marijuana offenses committed before January 30, 2017 under 15 M.R.S. § 2261 et seq. Sealing restricts public access to a conviction record but does not destroy it.

How do I seal my criminal record in Maine?

File a written Motion to Seal Criminal History (Form CR-218) in the District Court where your conviction was entered. You must have an eligible conviction (Class E crime or qualifying marijuana offense), have waited at least 4 years after completing your full sentence, and have no subsequent convictions in Maine or any other state. A hearing will be scheduled and the court applies a preponderance-of-evidence standard.

What is 15 M.R.S. § 2251 and does it still apply?

The original Chapter 310 sealing statutes at 15 M.R.S. §§ 2251-2259 have been repealed. The current sealing law is found at 15 M.R.S. §§ 2261-2269 (Chapter 310-A), which took effect on August 8, 2022. If you were researching the older law, consult the new Chapter 310-A statutes.

What is the waiting period to seal a record in Maine?

At least 4 years must pass from the date you fully completed your entire sentence, including any term of imprisonment, probation, administrative release, fines, restitution, license suspension, and community service. The clock does not start until every sentencing requirement is satisfied.

Can I seal a felony conviction in Maine?

Generally no. Only Class E crime convictions (Maine's lowest crime class) and a narrow set of Class D marijuana offenses committed before January 30, 2017 qualify. Class A, B, C, and D convictions other than those specific marijuana offenses are not eligible for sealing under current Maine law.

Can I seal a DUI or OUI conviction in Maine?

A DUI or OUI (operating under the influence) conviction in Maine is typically a Class D crime, which falls above the Class E threshold for sealing. Class D convictions are not eligible for sealing under 15 M.R.S. § 2261 unless they qualify as one of the specific pre-2017 marijuana offenses. Most OUI convictions are excluded.

What happens to a dismissed charge in Maine?

Dismissed charges, acquittals, and cases where prosecutors declined to proceed are automatically classified as confidential criminal history record information under 16 M.R.S. § 703(2). No court petition is required. These records cannot be confirmed or disclosed to parties who are not eligible to receive them.

Does sealing a record in Maine clear it for background checks?

Sealing removes the conviction from most public searches and allows you to say the conviction did not occur in response to employer, landlord, or school inquiries. However, criminal justice agencies, professional licensing boards, and employers or organizations conducting fingerprint-based background checks under state or federal law can still access sealed records under 15 M.R.S. § 2265.