Maine Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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US-02241BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

How long is a misdemeanor on your record? A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset ?expiration date? for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.

Unfortunately, Maine does not have an annulment or expungement statute. So, generally speaking, criminal convictions remain on an individual's record for life, unless an individual obtains a governor's pardon.

All told, there are five different categories for criminal charges in Maine. These categories include Class A, B, C, D, and E offenses. Class A offenses carry the steepest penalties, while Class E charges have the lightest potential sentences. Unofficially, Class D and E charges are misdemeanors in Maine.

Maine doesn't allow expungement of criminal records. Rather, state law classifies criminal records as confidential or public. Convictions and most active cases are generally public records that employers, landlords, and others can access.

How Do I Apply for a Pardon? Complete the "State of Maine Petition for Executive Clemency" form. ... Get a certified copy of the indictment or complaint, judgment and commitment form, and docket sheet from the court you were convicted in. ... Get the petition notarized. Make copies of all the required documents.

Many people are genuinely concerned about the impact their criminal record may have on their lives moving forward. Unfortunately, Maine law does not provide for the expungement of criminal records, except under very limited circumstances.

The Clean Slate Initiative passes and implements laws that automatically clear eligible records for people who have completed their sentence and remained crime-free, and expands who is eligible for clearance.

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Maine Motion to Expunge Criminal Offender Record due to Charges having been Dismissed