An Act To Clear a Path to Employment
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA c. 310-A is enacted to read:
CHAPTER 310-A
SEALING OF PUBLIC CRIMINAL RECORDS FOR CERTAIN OFFENSES
§ 2281. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Accredited educational institution. "Accredited educational institution" means an educational institution accredited by a national accrediting agency or association.
2. Another jurisdiction. "Another jurisdiction" has the same meaning as in Title 17-A, section 2, subsection 3-B.
3. Bureau. "Bureau" means the Department of Public Safety, Bureau of State Police, State Bureau of Identification.
4. Crime involving domestic violence. "Crime involving domestic violence" has the same meaning as in section 1003, subsection 3-A.
5. Criminal history record information. "Criminal history record information" has the same meaning as in Title 16, section 703, subsection 3.
6. Criminal justice agency. "Criminal justice agency" has the same meaning as in Title 16, section 703, subsection 4.
7. Eligible criminal conviction. "Eligible criminal conviction" means a conviction for a current or former Class C, Class D or Class E crime, except a conviction for a crime involving domestic violence or a conviction for a crime under Title 17-A, chapter 11.
§ 2282. Requirements for sealing
An individual is eligible to have all records of a criminal conviction sealed from public inspection under this chapter if:
1. Eligible criminal conviction; no other state convictions. The individual has been convicted of only a single eligible criminal conviction and does not have any other criminal convictions in this State;
2. No convictions in another jurisdiction. The individual has no criminal convictions from another jurisdiction; and
3. Time since conviction. Except as provided in section 2285, at least 7 years have passed since the date of conviction.
§ 2283. Automatic sealing of records; process
1. List of individuals. On the first business day of each month, the Administrative Office of the Courts shall prepare a list of individuals who it believes will meet the requirements of section 2282 by the end of the month and shall submit the list to the bureau for review.
2. Objection by bureau. Within 7 days of receiving a list described in subsection 1, the bureau shall submit to the Administrative Office of the Courts an objection to any individual on the list who it does not believe meets the requirements of section 2282 along with an explanation of the objection and supporting documentation. If the bureau objects to the inclusion of an individual on the list, it shall send a written copy of the objection and supporting documentation to that individual along with a notice of the individual's right to file a motion for sealing of the records pursuant to section 2284.
3. Sealing of records. On the last business day of each month, a Judge of the District Court or a Justice of the Superior Court shall enter an order sealing the criminal records of all individuals whose names appeared on the monthly list prepared under subsection 1 and for whom no objection was filed by the bureau under subsection 2. The court shall submit a copy of the order to the bureau. The bureau shall promptly alter its records relating to the eligible criminal convictions of the individuals in the order to reflect that future dissemination of the criminal history record information relating to the eligible criminal convictions must be pursuant to section 2286, subsection 1 rather than pursuant to Title 16, section 704. The bureau shall notify each individual whose record is sealed under this subsection and shall explain the effect of the sealing under this chapter.
§ 2284. Motion for sealing after objection by bureau
1. Motion. An individual whose eligible criminal conviction was not sealed due to the objection of the bureau under section 2283, subsection 2 may file a motion to seal the records of the individual's eligible criminal conviction in the underlying criminal proceeding. After a motion has been filed under this subsection, the clerk shall set the motion for hearing.
2. Representation of the State. The prosecutorial office that represented the State in the underlying criminal proceeding shall represent the State for purposes of this section. On a case-by-case basis, a different prosecutorial office may represent the State on agreement between the 2 prosecutorial offices.
3. Counsel. The individual filing a motion under this section has the right to employ counsel but is not entitled to counsel at state expense.
4. Decision after hearing. The court shall hold a hearing on a motion filed under this section in accordance with this subsection. The Maine Rules of Evidence do not apply to the hearing, and evidence presented at the hearing may include testimony, affidavits and other reliable hearsay evidence as permitted by the court. At the conclusion of the hearing, if the court determines that the individual who filed the motion has established by a preponderance of the evidence each of the requirements set forth in section 2282 for sealing of the individual's criminal record, the court shall grant the motion and issue a written order sealing the individual's criminal record. If the court grants the motion, it shall submit a copy of the order to the bureau, which shall promptly alter its records relating to the eligible criminal conviction of the individual who filed the motion to reflect that future dissemination of the criminal history record information relating to the eligible criminal conviction must be pursuant to section 2286, subsection 1 rather than pursuant to Title 16, section 704. The bureau shall notify an individual whose record is sealed under this subsection and shall explain the effect of the sealing under this chapter.
§ 2285. Motion for sealing based on reduced waiting period
An individual with an eligible criminal conviction may file a written motion in the underlying criminal proceeding seeking a court order sealing the records of that conviction prior to the expiration of 7 years after the date of conviction if the individual meets the requirements of subsection 1. The court shall decide the motion in accordance with this section.
1. Reduction in waiting period based upon educational attainment. An individual is eligible to have all records of an eligible criminal conviction sealed from public inspection under this chapter if the individual meets the requirements of section 2282, subsections 1 and 2; at least 3 1/2 years have passed since the date of conviction; and, since the date of conviction, the individual has been awarded a high school diploma, high school equivalency diploma or a certificate, associate degree, bachelor's degree or graduate degree from an accredited educational institution.
2. Notification of the State; opportunity to object. Upon receipt of a motion under this section, the court shall send a copy of the motion and supporting documentation, if any, to the prosecutorial office that represented the State in the underlying criminal proceeding. That prosecutorial office may file a written objection to the motion within 21 days of receiving the copy of the motion.
3. Counsel. The individual filing a motion under this section has the right to employ counsel but is not entitled to counsel at state expense.
4. Decision without hearing. If no objection is filed pursuant to subsection 2, the court shall enter an order sealing the criminal record of the individual who filed the motion under this section. A copy of the order must be submitted to the bureau, which shall promptly alter its records relating to the eligible criminal conviction of the individual who filed the motion to reflect that future dissemination of the criminal history record information relating to the eligible criminal conviction must be pursuant to section 2286, subsection 1 rather than pursuant to Title 16, section 704. The bureau shall notify an individual whose record is sealed under this subsection and shall explain the effect of the sealing under this chapter.
5. Decision after hearing. If an objection is filed pursuant to subsection 2, the clerk shall set the motion for a hearing. The Maine Rules of Evidence do not apply to the hearing, and evidence presented at the hearing may include testimony, affidavits and other reliable hearsay evidence as permitted by the court. At the conclusion of the hearing, if the court determines that the individual who filed the motion has established by a preponderance of the evidence each of the requirements set forth in subsection 1 for sealing of the individual's criminal record, the court shall grant the motion and issue a written order sealing the individual's criminal record. If the court grants the motion, it shall submit a copy of the order to the bureau, which shall promptly alter its records relating to the eligible criminal conviction of the individual who filed the motion to reflect that future dissemination of the criminal history record information relating to the eligible criminal conviction must be pursuant to section 2286, subsection 1 rather than pursuant to Title 16, section 704. The bureau shall notify an individual whose record is sealed under this subsection and shall explain the effect of the sealing under this chapter.
§ 2286. Effect of sealing
1. Restrictions on dissemination and use of sealed conviction information. Notwithstanding Title 16, section 704, the criminal history record information relating to a criminal conviction that the court has sealed under this chapter is confidential and may not be disseminated by a criminal justice agency, whether directly or through any intermediary, except:
A. To the individual who is the subject of the criminal conviction or that individual's designee; and
B. To a criminal justice agency for the purpose of the administration of criminal justice and criminal justice agency employment. For the purposes of this paragraph, dissemination to a criminal justice agency for the purpose of the administration of criminal justice includes dissemination and use of the criminal history record information relating to the sealed criminal conviction by an attorney for the State or for another jurisdiction as part of a prosecution of the individual for a new crime, including use in a charging instrument or other public court document and in open court.
2. Prohibition on use of sealed conviction information for employment purposes. An employer that is not a criminal justice agency may not discriminate against an employee or prospective employee based on the fact of a criminal conviction that has been sealed under this chapter. An individual whose criminal conviction has been sealed under this chapter and who has not been convicted of another crime in this State or another jurisdiction may answer "no" with respect to an inquiry from an employer or prospective employer that is not a criminal justice agency inquiring whether the individual has any criminal convictions.
3. Inquiries made of individual whose record is sealed. An individual whose record of a criminal conviction has been sealed under this chapter may, in response to inquiries other than inquiries from a criminal justice agency about the crime contained in the sealed record, respond as if the crime and conviction had never occurred without being subject to any sanctions.
summary
This bill establishes an automatic process for an individual who has been convicted of a Class C, Class D or Class E crime to have the records of that conviction sealed if the crime does not involve domestic violence or sexual assault; the individual has not been convicted of any other crime in this State or another jurisdiction; and at least 7 years have passed since the date of conviction. If the Department of Public Safety, Bureau of State Police, State Bureau of Identification objects to the automatic sealing of an individual's criminal conviction records, the individual may file a motion in the underlying criminal proceeding requesting that the records be sealed.
The bill provides for a reduction in the 7-year waiting period for the sealing of records of an eligible criminal conviction if a convicted individual files a motion with the court demonstrating that the individual obtained a high school diploma or postsecondary certificate or degree after the date of conviction.
The bill prohibits the use of sealed criminal conviction information by all employers that are not criminal justice agencies. The bill also authorizes individuals whose conviction records have been sealed to respond to inquiries, other than inquiries from a criminal justice agency, as if the sealed conviction and underlying crime had never occurred.