How to File for Expungement in Maine
How to apply to clear a criminal record in Maine: the petition, court, fee and fee waiver, and what happens at the hearing.
Short answer: File a Motion to Seal Criminal History (form CR-218) in the underlying criminal case, with the clerk of the court where the conviction happened. The motion must briefly address each requirement. 15 M.R.S. §§ 2263, 2264; Maine Judicial Branch, Sealing Your Criminal Record
| How to apply | File a Motion to Seal Criminal History (form CR-218) in the underlying criminal case, with the clerk of the court where the conviction happened. The motion must briefly address each requirement. The person may file without a lawyer but has no right to a court-appointed lawyer. The prosecutor's office that handled the case represents the State. The court holds a hearing, where the rules of evidence do not apply, and must grant the motion if the person proves each requirement by a preponderance of the evidence. The court then notifies the State Bureau of Identification, which seals the record and mails the person a notice. |
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| Arrests and dismissed charges | Maine has no court process to seal or expunge arrests that did not lead to a conviction. Instead, state law makes many non-conviction records "confidential criminal history record information," which criminal justice agencies generally may not give to the public. This covers arrests with no disposition after more than one year with no active prosecution, decisions not to refer or prosecute, grand jury no-bills, charges dismissed with prejudice or with finality (other than as part of a plea agreement), and acquittals. Confidential information may still be shared with criminal justice agencies and in other limited situations the law lists. Source: 16 M.R.S. §§ 703(2), 705 |
| Getting a copy of your criminal record | The Maine State Bureau of Identification (SBI), part of the Maine State Police, keeps Maine criminal history records. You can request a name-and-date-of-birth check online through the Department of Public Safety's criminal history request service; the fee is $31 ($21 for InforME subscribers) and is charged whether or not a record is found. Name-based results are possible matches only; a fingerprint-based check, submitted directly to SBI with results mailed to you, is the only way to positively match a record to you, and costs the same fee. SBI: State House Station #42, Augusta, ME 04333-0042; in person at 45 Commerce Drive, Suite 1, Augusta; (207) 624-7240, Monday-Friday 8 am-5 pm. You can ask SBI to correct a record under 16 M.R.S. 709. The online service does not provide FBI or other-state checks; contact SBI about those. |
Where to get help in Maine
More Maine expungement & criminal records
- Getting a Copy of Your Maine Criminal Record
- Expunging or Sealing a Felony in Maine
- Clearing a DUI From Your Record in Maine
- Sealing or Expunging Juvenile Records in Maine
- All Maine expungement & criminal records rules
FAQ
How do you file for expungement in Maine?
File a Motion to Seal Criminal History (form CR-218) in the underlying criminal case, with the clerk of the court where the conviction happened. The motion must briefly address each requirement. The person may file without a lawyer but has no right to a court-appointed lawyer. The prosecutor's office that handled the case represents the State. The court holds a hearing, where the rules of evidence do not apply, and must grant the motion if the person proves each requirement by a preponderance of the evidence. The court then notifies the State Bureau of Identification, which seals the record and mails the person a notice.
Can you clear an arrest or dismissed charge in Maine?
Maine has no court process to seal or expunge arrests that did not lead to a conviction. Instead, state law makes many non-conviction records "confidential criminal history record information," which criminal justice agencies generally may not give to the public. This covers arrests with no disposition after more than one year with no active prosecution, decisions not to refer or prosecute, grand jury no-bills, charges dismissed with prejudice or with finality (other than as part of a plea agreement), and acquittals. Confidential information may still be shared with criminal justice agencies and in other limited situations the law lists.
How do I check my own criminal record in Maine?
The Maine State Bureau of Identification (SBI), part of the Maine State Police, keeps Maine criminal history records. You can request a name-and-date-of-birth check online through the Department of Public Safety's criminal history request service; the fee is $31 ($21 for InforME subscribers) and is charged whether or not a record is found. Name-based results are possible matches only; a fingerprint-based check, submitted directly to SBI with results mailed to you, is the only way to positively match a record to you, and costs the same fee. SBI: State House Station #42, Augusta, ME 04333-0042; in person at 45 Commerce Drive, Suite 1, Augusta; (207) 624-7240, Monday-Friday 8 am-5 pm. You can ask SBI to correct a record under 16 M.R.S. 709. The online service does not provide FBI or other-state checks; contact SBI about those.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.