Expungement Petition - Preparation Worksheet - Maine

IMPORTANT: MAINE USES SEALING, NOT EXPUNGEMENT

Maine does not erase or destroy an adult conviction through this process. A qualifying
person files a post-judgment motion to seal criminal history record information in the
original criminal case. For the standard route, use the current Maine Judicial Branch
Form CR-218, Motion to Seal Criminal History. The former Class E offense of engaging
in prostitution addressed by 15 M.R.S. § 2262-A uses a different form, CR-289.

This document is a preparation worksheet. Do not file it instead of the current official form.

MAINE MOTION TO SEAL CRIMINAL HISTORY — PREPARATION WORKSHEET

1. ROUTE AND OFFICIAL FORM

Select one route:

☐ Standard route — CR-218. The conviction is eligible under 15 M.R.S. § 2261(6), and every prerequisite in § 2262 is satisfied.

☐ Special former-offense route — CR-289. The conviction is the former Class E offense of engaging in prostitution addressed by § 2262-A, and every prerequisite in that section is satisfied.

☐ Neither route has been confirmed. Do not file until current law, the judgment, and the offense citation have been reviewed.

Standard-route offense screen

Under § 2261(6), the standard route covers:

• a current or former Class E crime, except a current or former Class E crime under Title 17-A, chapter 11; or
• one of the limited pre-January 30, 2017 convictions listed specifically in § 2261(6)(B).

Do not treat every misdemeanor, dismissed charge, acquittal, deferred disposition, or juvenile matter as eligible under this adult-conviction procedure.

2. CAPTION INFORMATION FOR THE OFFICIAL FORM

The motion must be filed in the underlying criminal proceeding. It is not a new civil petition. See 15 M.R.S. § 2264(1).

3. STANDARD-ROUTE PREREQUISITES — § 2262 / CR-218

Complete this section only for the CR-218 route.

3.1 Eligible conviction

☐ The conviction is an eligible criminal conviction under § 2261(6).

3.2 Four years after full sentence satisfaction

☐ At least four years have passed since every sentencing alternative imposed for the eligible conviction was fully satisfied.

3.3 Maine convictions and deferred dispositions

☐ Since fully satisfying the sentence for the most recent eligible conviction, the defendant has not:

• been convicted of another crime in Maine; or
• had a Maine criminal charge dismissed as the result of a deferred disposition.

3.4 Convictions in another jurisdiction

☐ Since fully satisfying the sentence for the most recent eligible conviction, the defendant has not been convicted of a crime in another jurisdiction.

3.5 Pending charges

☐ The defendant has no presently pending criminal charge in Maine or another jurisdiction.

4. SPECIAL § 2262-A ROUTE — CR-289

Complete this section only when the conviction is the former Class E offense of engaging in prostitution identified in § 2262-A.

☐ The conviction and offense citation match the route stated in § 2262-A and current form CR-289.

☐ At least one year has passed since every sentencing alternative imposed for that conviction was fully satisfied.

☐ The defendant has not been convicted of any disqualifying offense listed in § 2262-A(3), including substantially similar conduct in another jurisdiction.

Do not substitute CR-218 for CR-289 or apply the standard route's four-year and subsequent-record tests to this special route without checking the current statute and form.

5. SUPPORTING PROOF FOR THE HEARING

The written motion must briefly address every applicable statutory prerequisite. The court must hold a hearing, and the moving person must establish each prerequisite by a preponderance of the evidence. The Maine Rules of Evidence do not apply; the court may permit testimony, affidavits, and other reliable hearsay evidence. See §§ 2263 and 2264(4)–(5).

Potential supporting material:

☐ Judgment and commitment or docket record identifying the exact conviction.

☐ Documents showing completion of incarceration, probation, administrative release, or supervised release.

☐ Receipts or agency records showing completion of fines, restitution, community service, and any license suspension.

☐ Current Maine and out-of-state criminal-history information sufficient to address later convictions.

☐ Current docket checks sufficient to address pending charges.

☐ Affidavit explaining any facts needed to establish a statutory prerequisite.

6. MOTION LANGUAGE WORKSHEET

Transfer only accurate, supported information to current form CR-218 or CR-289.

The defendant moves under 15 M.R.S. §§ [2262 and 2263 / 2262-A and 2263]
to seal the criminal history record information relating to the specific conviction in
this underlying criminal proceeding. The conviction is [IDENTIFY OFFENSE, CITATION,
CLASSIFICATION, AND DATE]. The defendant satisfies each applicable statutory prerequisite
because [STATE CONCISE FACTS AND DATES].

Neither current official form includes a notarization or certificate of service. Confirm any additional case-specific filing requirement with the clerk or counsel.

7. HEARING AND ORDER

• The clerk sets the motion for hearing after filing.
• The moving person may have counsel but is not entitled to court-appointed counsel at State expense for this motion.
• The prosecutorial office from the underlying criminal proceeding may represent the State.
• If the moving person proves every prerequisite by a preponderance of the evidence, the court must grant the motion and enter a written sealing order with findings.
• If a prerequisite is not proven, the court must enter a written denial with findings.
• When the State Bureau of Identification maintains the conviction, the court electronically transmits notice of a sealing order to the Bureau; the Bureau amends its records and sends compliance notice to the person's last known address.

8. EFFECT AND LIMITS OF SEALING

Sealing makes the covered criminal history record information confidential and restricts public dissemination; it does not erase the conviction or direct private companies to destroy their files. Section 2265 preserves access for the subject of the conviction and for specified criminal-justice, motor-vehicle, victim, licensing, financial-regulatory, financial-institution, and fingerprint-background-check purposes.

Under § 2266, the person generally may omit the sealed conviction when responding to persons who are not criminal justice agencies and are not otherwise authorized to receive the sealed information under § 2265. The statute has narrower rules when responding to criminal justice agencies or while under oath in a prosecution for a later crime.

Later conviction warning

A new criminal conviction in Maine or another jurisdiction causes the sealed criminal-history information to be unsealed. Section 2264(7) requires the person to promptly file written notice in the underlying proceeding identifying the new conviction. Do not promise permanent sealing regardless of later events.

9. FILING CHECKLIST

☐ Confirm the exact conviction is eligible under current § 2261(6) or § 2262-A.

☐ Use current Judiciary form CR-218 or CR-289, as applicable.

☐ File in the original criminal proceeding using its docket number.

☐ Briefly address every applicable prerequisite on the motion.

☐ Attach or bring reliable proof for each prerequisite.

☐ Confirm the clerk's current filing method and hearing logistics.

☐ Attend the hearing and be prepared to meet the preponderance-of-the-evidence burden.

☐ After an order, keep the Bureau's compliance notice and understand the access exceptions and later-conviction rule.

OFFICIAL SOURCES

• 15 M.R.S. §§ 2261–2269, Chapter 310-A: https://legislature.maine.gov/statutes/15/title15ch310-Asec0.html
• § 2261, eligible criminal conviction definition: https://legislature.maine.gov/statutes/15/title15sec2261.html
• § 2262, standard prerequisites: https://legislature.maine.gov/statutes/15/title15sec2262.html
• § 2262-A, special prerequisites: https://legislature.maine.gov/statutes/15/title15sec2262-A.html
• §§ 2263–2264, motion and hearing process: https://legislature.maine.gov/statutes/15/title15sec2264.html
• § 2265, access restrictions and exceptions: https://legislature.maine.gov/statutes/15/title15sec2265.html
• § 2266, limited disclosure rule: https://legislature.maine.gov/statutes/15/title15sec2266.html
• § 2267, review of sealing determinations: https://legislature.maine.gov/statutes/15/title15sec2267.html
• Maine Judicial Branch sealing guidance: https://www.courts.maine.gov/help/criminal/sealing.html
• Current CR-218 form: https://mjbportal.courts.maine.gov/CourtForms/FormsLists/DownloadForm?strFormNumber=CR-218
• Current CR-289 form: https://mjbportal.courts.maine.gov/CourtForms/FormsLists/DownloadForm?strFormNumber=CR-289