VERIFIED PETITION FOR EXPUNGEMENT AND SEALING OF CRIMINAL RECORD

State of Maine · [District / Superior] Court · [County], SS.
Docket No. ____

In the Matter of:
[PETITIONER FULL LEGAL NAME],
Petitioner

Date Filed: ____

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Proposed Order (Attachment A)

I. DOCUMENT HEADER

1. Caption. See above.
2. Parties. The “Petitioner” is [PETITIONER NAME], DOB [MM/DD/YYYY], last four digits of SSN [ ], currently residing at [Address]. The adverse party is the State of Maine, acting through the office of the [District Attorney / Attorney General].
3. Jurisdiction & Venue. This Court has subject-matter jurisdiction pursuant to [INSERT STATUTORY AUTHORITY OR “the Court’s inherent equitable powers”] and venue is proper because the underlying criminal matter originated in this County.
4. Recitals.
   a. On [Disposition Date] Petitioner’s case, Docket No. [_], was [dismissed / resulted in acquittal / satisfied deferred disposition / juvenile adjudication closed, etc.] (“Underlying Case”).
   b. Petitioner has complied with all conditions precedent, including the applicable waiting period of [ ___ ] years and satisfaction of all financial assessments.
   c. Petitioner seeks expungement and sealing of all records associated with the Underlying Case (“Applicable Record”) for the reasons set forth below.

[// GUIDANCE: Confirm the Court level (District or Superior), county and docket number exactly as they appear on the criminal docket sheet.]

II. DEFINITIONS

For purposes of this Petition, capitalized terms have the meanings set forth below:

1. “Applicable Record” means every arrest, charge, booking, court, or corrections record relating to the Underlying Case, whether in paper, electronic, or any other form.
2. “Disqualifying Offense” means any conviction, adjudication, or pending charge that statutorily precludes expungement under Maine law.
3. “Eligible Offense” means an offense statutorily designated as subject to expungement or sealing.
4. “Sealed Record Access” means lawful access to a sealed record solely by entities expressly identified in a Court Order, including the Maine State Bureau of Identification (“SBI”), law-enforcement agencies, or others as required by federal or state law.
5. “Waiting Period” means the minimum period between final disposition and the filing of this Petition, as established by [INSERT STATUTORY SECTION OR “local court rule”].

[// GUIDANCE: Add, revise, or delete definitions to mirror the exact statutory language that applies to the Petitioner’s fact pattern.]

III. OPERATIVE PROVISIONS

1. Request for Relief. Petitioner respectfully requests that this Court issue an Order:
   a. Expunging and permanently sealing the Applicable Record;
   b. Directing all agencies in possession of the Applicable Record—including but not limited to the SBI, county jail, district attorney, clerk of court, and any private third-party repositories—to destroy or appropriately seal all physical and electronic copies;
   c. Restricting Sealed Record Access exclusively to the entities enumerated in Section III.4; and
   d. Providing any additional, just, and proper relief.

2. Statutory Eligibility. Petitioner avers that:
   a. The Underlying Case constitutes an Eligible Offense;
   b. The requisite Waiting Period has elapsed;
   c. Petitioner has no Disqualifying Offense;
   d. All fines, restitution, and surcharges have been paid in full; and
   e. Expungement is consistent with public policy and the interests of justice.

3. Notice. Petitioner has served this Petition, together with all exhibits, upon the [District Attorney / Attorney General] and the SBI via [certified mail / hand delivery] as required. Proof of service is attached as Exhibit 1.

4. Agencies Subject to Order. Petitioner identifies the following custodians of the Applicable Record to be served with any Order of this Court:
   i. Maine State Bureau of Identification
   ii. [Arresting Police Department]
   iii. Clerk of the [Originating Court]
   iv. [County] District Attorney’s Office
   v. Any third-party background-check vendors identified in Exhibit 2

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy. Petitioner affirms under penalty of perjury that all statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
2. No Pending Matters. Petitioner represents that there are no pending criminal charges in any jurisdiction.
3. Compliance. Petitioner has fully complied with all terms of the Underlying Case and any related matters.
4. Survival. These representations shall survive the entry of any Order granting this Petition.

V. COVENANTS & RESTRICTIONS

1. Continuing Duty to Notify. Should any Disqualifying Offense arise before this Petition is adjudicated, Petitioner shall promptly notify the Court and opposing counsel.
2. No Civil Liability. Nothing herein shall be construed to create a private right of action against any governmental entity for complying with a Court Order of expungement.

VI. DEFAULT & REMEDIES

1. Opportunity to Object. Any opposing party must file written objections within [20] days of service. Failure to do so constitutes a default, whereupon the Court may grant this Petition summarily.
2. Enforcement. If any custodian fails to comply with the expungement Order, Petitioner may move for contempt, mandamus relief, and attorney’s fees.

VII. RISK ALLOCATION

Indemnification, limitation of liability, and insurance provisions are not applicable to this Petition.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Petition is governed by Maine expungement and record-sealing statutes and the Maine Rules of Criminal Procedure.
2. Forum Selection. The exclusive forum for all proceedings arising from this Petition is this Court.
3. Arbitration / Jury Waiver. Not applicable.
4. Injunctive Relief. The relief sought is equitable in nature, including permanent sealing and injunctive directives to custodial agencies.

IX. GENERAL PROVISIONS

1. Amendments. This Petition may be amended as justice requires under M.R. Crim. P. [INSERT RULE].
2. Severability. Should any provision herein be deemed unenforceable, the remainder shall remain in full force.
3. Integration. This Petition, together with all exhibits, constitutes the complete submission before the Court.

X. EXECUTION BLOCK

I, [PETITIONER NAME], being duly sworn, depose and say that I have read the foregoing Petition and that the facts stated therein are true to the best of my knowledge, information, and belief.

Date: __ ______
[PETITIONER NAME], Petitioner

STATE OF MAINE
[County], SS.

Subscribed and sworn before me on this ___ day of ____, 20__, by [PETITIONER NAME].

Notary Public / Attorney at Law
Printed Name: ____
Commission Expires: _____

[// GUIDANCE: Maine permits either notarization or attorney verification pursuant to M.R. Civ. P. 11; select the appropriate method.]

XI. PROPOSED ORDER (ATTACHMENT A)

(Separate page–use court-specific formatting)

STATE OF MAINE · [DISTRICT / SUPERIOR] COURT · [COUNTY], SS.
Docket No. ____

ORDER ON VERIFIED PETITION FOR EXPUNGEMENT AND SEALING OF CRIMINAL RECORD

Upon review of the Verified Petition and any objections filed, the Court FINDS that:

1. Petitioner satisfies all statutory prerequisites for expungement and sealing;
2. Granting the Petition serves the interests of justice and the public welfare.

It is therefore ORDERED:

A. The Verified Petition is GRANTED.
B. The Applicable Record, as defined in the Petition, is hereby EXPUNGED and SEALED.
C. All agencies listed in Section III.4 of the Petition shall, within thirty (30) days of service of this Order, permanently seal or destroy the Applicable Record and file written confirmation with the Clerk.
D. Sealed Record Access is limited to:
i. The Court;
ii. Law-enforcement agencies acting pursuant to a lawful court order; and
iii. Any entity expressly authorized by subsequent order of this Court.
E. The Clerk shall seal this Order, the Petition, and all related filings, retaining a confidential index.

So Ordered.

Date: __ _____
Justice, Maine [District / Superior] Court

[// GUIDANCE: Attach certified copies of the dismissal, acquittal, or deferred-disposition completion; proof of payment; and proof of service as exhibits. Adjust waiting periods, cites, and service requirements to reflect the controlling Maine statute or rule in effect at the time of filing.]