MaineProposed amendment would clarify when state agencies can see sealed records
The proposed amendment would let people seek to seal convictions for conduct that is no longer a crime and clarify when state agencies may see sealed records.
What it does
People could seek to seal convictions for conduct that is no longer a crime. The text also identifies certain former marijuana possession convictions as eligible.
Specified state regulators and licensing bodies could receive criminal history information, including sealed records and charges without convictions, for checks and proceedings allowed by law.
Applicants to listed state agencies would have to disclose sealed records when asked or when another law requires it.
Argument forPeople whose conduct is no longer a crime could seek to seal convictions and, in many inquiries, avoid disclosing them.
Argument againstApplicants could face added hurdles because agencies may consider sealed records in proceedings and may deny or revoke a license if required disclosure is missing.
More detail
The proposed amendment would identify convictions for conduct that is no longer a crime as eligible for sealing. This covers convictions for conduct that became no longer a crime after the conviction. The text also lists certain former marijuana possession convictions, but does not say every such conviction qualifies. The conduct must have stopped being a crime after the conviction.
The proposed amendment would specify which state agencies may receive criminal history information, including sealed records. The provisions cover criminal history information and sealed records, including convictions and charges that did not lead to convictions. Recipients include financial regulators, professional licensing bodies, the Harness Racing Commission, and the Maine Criminal Justice Academy. When fingerprint checks apply, that rule is the exclusive basis for sharing records with these entities. Recipients may use records as reasonably necessary in proceedings where applicants can show rehabilitation. Other adjudicatory use must keep the information confidential, subject to the stated disclosure exception. The fingerprint-check rule applies when state or federal law requires a fingerprint-based check.
The proposed amendment would require a person to disclose sealed records when a listed agency requests them in an application or another law requires disclosure. This applies to applications to the agencies and boards identified in the record-sharing provisions. Failure to disclose may lead an agency to withhold, deny, or revoke a license or other benefit, or take other action allowed by law. The disclosure duty applies when making an application or when another law requires disclosure.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 29The Bill was in the possession of the House when the Legislature adjourned Sine Die and was placed in the Legislative Files. (DEAD)Latest
- Apr 14Later today assigned.
- Apr 14On motion of Representative KUHN of Falmouth the Bill was TABLED pending FURTHER ACTION.
- Apr 14Bill RECALLED From Governor (Pursuant to Joint Order - House Paper 1524)
- Apr 9PASSED TO BE ENACTED, in concurrence.Passed 2nd Chamber
- Apr 9Sent for concurrence. ORDERED SENT FORTHWITH.
- Apr 9PASSED TO BE ENACTED.Became Law
- Apr 8Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment "A" (H-984) in concurrence.Minor
- Vote recorded ACCEPT MAJORITY OUGHT TO PASS AS AMENDED REPORT. Result: pass.Upper
- Apr 8Committee Amendment "A" (H-984) READ and ADOPTED.Minor
- Apr 8READ ONCE.Minor
- Apr 8Roll Call Ordered Roll Call Number 912 Yeas 21 - Nays 14 - Excused 0 - Absent 0
- Apr 8ACCEPTANCE of the Majority Ought to Pass As Amended Report PREVAILED.
- Apr 8Taken from the table by the President
- Apr 8On motion by Senator DAUGHTRY of Cumberland Tabled until Later in Today's Session, pending ACCEPTANCE of The Majority Ought to Pass As Amended by Committee Amendment "A" (H-984) Report in concurrence.
- Apr 8Senator BEEBE-CENTER of Knox moved to ACCEPT the Majority Ought to Pass as Amended Report.
- Apr 8Reports READ
- Apr 7Sent for concurrence. ORDERED SENT FORTHWITH.
- Vote recorded ACC MAJ OTP AS AMENDED REP. Result: pass.Lower
- Apr 7The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-984).Minor
- Apr 7Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
- Apr 7Committee Amendment "A" (H-984) was READ and ADOPTED.Minor
- Apr 7The Bill was READ ONCE.Minor
- Apr 7(Yeas 77 - Nays 70 - Absent 3 - Excused 0 - Vacant 1)
- Apr 7ROLL CALL NO. 745
- Apr 7On motion of Representative HASENFUS of Readfield, the Majority Ought to Pass as Amended Report was ACCEPTED.
- Apr 7Reports READ.
- Apr 6Reported Out - OTP-AM/ONTP
- Mar 2Voted - Divided Report
- Mar 2Work Session Held
- 2025
- Jun 25Carry Over Approved
- Jun 25Carried over, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800.
- May 23Carry Over Requested
- May 21Ordered sent down forthwith.
- May 21On motion by Senator PIERCE of Cumberland the Senate RECEDED and CONCURRED to the Report being REJECTED and the Bill and accompanying papers REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETYMinor
- May 20ORDERED SENT FORTHWITH.
- May 20The House INSISTED on its action whereby the Report of the Committee on JUDICIARY was READ and REJECTED and the Bill was REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.Minor
- May 14Ordered sent down forthwith for concurrence
- May 14On motion by Senator CARNEY of Cumberland Report ACCEPTED and the Bill and accompanying papers REFERRED to the Committee on JUDICIARY In NON-CONCURRENCEMinor
- May 14Taken from the table by the President
- May 7On motion by Senator CARNEY of Cumberland Tabled until Later in Today's Session, pending CONSIDERATION
- May 7Report READ
- May 6Sent for concurrence. ORDERED SENT FORTHWITH.
- May 6The Bill was REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETYMinor
- May 6Report was READ and REJECTED.
- May 6Representative KUHN for the Joint Standing Committee on Judiciary pursuant to Resolve 2023, chapter 103, section 8 reports that the Bill be REFERRED to the Committee on JUDICIARY and printed pursuant to Joint Rule 218.Introduced
Criminal Justice