Maine
Maine Expungement Laws: Record Sealing Under 15 M.R.S. § 2261 et seq.
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content
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 2021 (PL 2021, c. 674) and took effect on August 9, 2024, replacing the earlier Chapter 310 sealing statutes, which had been repealed.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, 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 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 also sets a separate prerequisite tied to the person's age at the time the offense was committed. All 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. 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, 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
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.
More Maine Laws
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 pre-2017 marijuana convictions 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 9, 2024. 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 misdemeanor convictions (the lowest class) and a narrow set of pre-2017 marijuana Class D convictions 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.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Added a sixth eligibility prerequisite in 15 M.R.S. § 2262 (tied to the person's age at the time the offense was committed) that the article's eligibility list omitted, and corrected the base sealing framework's enactment year from 2023 to 2021 (PL 2021, c. 674), noting that only specific provisions were added by 2023 legislation.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maine Revised Statutes, Title 15: COURT PROCEDURE -- CRIMINAL, Part 4: JUDGMENT AND PROCEEDINGS, Chapter 310-A: POST-JUDGMENT MOTION TO SEAL CRIMINAL HISTORY RECORD
§ 2261DefinitionsIn force
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 674, §1 (NEW).] 1. Administration of criminal justice. "Administration of criminal justice" has the same meaning as in Title 16, section 703, subsection 1. 2. Another jurisdiction. "Another jurisdiction" has the same meaning as in Title 17‑A, section 2, subsection 3‑B. 3. Criminal history record information. "Criminal history record information" has the same meaning as in Title 16, section 703, subsection 3. 4. Criminal justice agency. "Criminal justice agency" has the same meaning as in Title 16, section 703, subsection 4. 5. Dissemination. "Dissemination" has the same meaning as in Title 16, section 703, subsection 6. 6. Eligible criminal conviction. "Eligible criminal conviction" means: A. A conviction for a current or former Class E crime, except a conviction for a current or former Class E crime under Title 17‑A, chapter 11; and [PL 2023, c. 639, §1 (NEW).] B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 2262Statutory prerequisites for sealing criminal history record informationIn force
Except as provided in section 2262‑A, criminal history record information relating to a specific criminal conviction may be sealed under this chapter only if: [PL 2023, c. 409, §1 (AMD).] 1. Eligible criminal conviction. The criminal conviction is an eligible criminal conviction; 2. Time since sentence fully satisfied. At least 4 years have passed since the person has fully satisfied each of the sentencing alternatives imposed under Title 17‑A, section 1502, subsection 2 for the eligible criminal conviction; 3. Other convictions in this State. The person has not been convicted of another crime in this State and has not had a criminal charge dismissed as a result of a deferred disposition pursuant to Title 17‑A, former chapter 54-F or Title 17‑A, chapter 67, subchapter 4 since the time at which the person fully satisfied each of the sentencing alternatives imposed under Title 17‑A, section 1502, subsection 2 for the person's most recent eligible criminal conviction up until the time of the order; 4. Convictions in another jurisdiction.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 2264Motion and hearing; processIn force
1. Filing motion. A motion filed pursuant to section 2263 must be filed in the underlying criminal proceeding. After the motion is filed, the clerk shall set the motion for hearing. 2. Counsel. The person filing a motion pursuant to section 2263 has the right to be represented by counsel but is not entitled to assignment of counsel at state expense. 3. Representation of State. The prosecutorial office that represented the State in the underlying criminal proceeding may represent the State for purposes of this chapter. On a case-by-case basis, a different prosecutorial office may represent the State on agreement between the 2 prosecutorial offices. 4. Evidence. The Maine Rules of Evidence do not apply to a hearing on a motion under this section. Evidence presented by the participants at the hearing may include testimony, affidavits and other reliable hearsay evidence as permitted by the court. 5. Hearing; order; written findings. The court shall hold a hearing on a motion filed under this section.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 2265Special restrictions on dissemination and use of criminal history record informationIn force
Notwithstanding Title 16, section 704, the criminal history record information relating to a criminal conviction sealed under section 2264 is confidential, must be treated as confidential criminal history record information for the purposes of dissemination to the public under Title 16, section 705 and may not be disseminated by a criminal justice agency, whether directly or through any intermediary, except as provided in Title 16, section 705 and as set out in this section. In addition to the dissemination authorized by Title 16, section 705, a criminal justice agency may disseminate the sealed criminal history record information to: [PL 2021, c. 674, §1 (NEW).] 1. Subject of conviction. The person who is the subject of the criminal conviction or that person's designee; 2. Criminal justice agency. A criminal justice agency for the purpose of the administration of criminal justice and criminal justice agency employment. For the purposes of this subsection, dissemination to a criminal justice agency for the purpose of the administration of criminal justice includes: A.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Maine Revised Statutes, Title 16: COURT PROCEDURE -- EVIDENCE, Chapter 7: CRIMINAL HISTORY RECORD INFORMATION ACT
§ 703DefinitionsIn force
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2013, c. 267, Pt. A, §2 (NEW).] 1. Administration of criminal justice. "Administration of criminal justice" means activities relating to the apprehension or summonsing, detention, pretrial release, post-trial release, prosecution, adjudication, sentencing, correctional custody and supervision or rehabilitation of accused persons or convicted criminal offenders. "Administration of criminal justice" includes the collection, storage and dissemination of criminal history record information. 2. Confidential criminal history record information. "Confidential criminal history record information" means criminal history record information of the following types: A. Unless the person remains a fugitive from justice, summons and arrest information without disposition if an interval of more than one year has elapsed since the date the person was summonsed or arrested and no active prosecution of a criminal charge stemming from the summons or arrest is pending; [PL 2013, c. 267, Pt. A, §2 (NEW).] B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 2 court opinionsMost recently applied by a court: 2018
Leading cases: MaineToday Media, Inc. v. Maine State Police (Superior Court of Maine 2014) · State of Maine v. Iserbyt (Superior Court of Maine 2018)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Maine Legislature, 15 M.R.S. § 2261 - Definitions(legislature.maine.gov)
- Maine Legislature, 15 M.R.S. § 2262 - Statutory prerequisites for sealing(legislature.maine.gov)
- Maine Legislature, 15 M.R.S. § 2264 - Motion and hearing process(legislature.maine.gov)
- Maine Legislature, 15 M.R.S. § 2265 - Entities retaining access to sealed records(legislature.maine.gov)
- Maine Legislature, 16 M.R.S. § 703 - Criminal history record information definitions(legislature.maine.gov)
- Maine Judicial Branch, Sealing Criminal Records self-help page(courts.maine.gov)