Expungement Attorneys in Maine
Expungement in Maine
Maine is unique in that it does not allow adult criminal convictions to be sealed or expunged. If your case involves “non-conviction data” you can lawfully state under oath in court or on any employment, credit, school, or rental application that you have never been arrested or charged.
For purposes of Maine’s law, the following qualify as “non-conviction data”:
- No active prosecution or charges pending after one year from the time of your arrest
- Law enforcement opted not to refer your case for prosecution
- The prosecution opted not to prosecute
- All criminal proceedings were postponed indefinitely because of mental incompetency to stand trial
- Your case was dismissed
- You were acquitted of all charges except due to mental disease or defect.
- You receive a full pardon or amnesty.
Juveniles wanting to have their records sealed must wait a minimum of three (3) years from the time you were discharged from the disposition and have not committed any new juvenile crimes or have any proceedings pending.
Another option available in Maine is to file for a Petition for Executive Clemency (pardon) with the Governor. A pardon essentially forgives you of your crime. If granted a pardon will not destroy your criminal record, but it may be sealed. Your record is considered “non-conviction data” upon being granted a pardon and is not available for public viewing. A conditional pardon does not offer the ability to seal your criminal record. To be eligible for a pardon you must wait at least five (5) years from the date you completed your sentence, including probation. You may not seek a pardon for drunk driving or sex offenses where you are required to register, or if you have more than one criminal conviction. You may also not seek a pardon if your sole purpose is regain your right to possess a firearm.