1. What is an expungement?
The process of legally destroying, obliterating or striking out
records or information in files, computers and other depositories relating
to criminal charges.
2. Do the records just "disappear"?
No. In Maine, records of juveniles may be sealed, as opposed to being expunged. The records cannot be accessed for general civil use.
3. What records may be sealed?
All records pertaining to the juvenile crime and its disposition, and to any prior juvenile records and their dispositions. 15 M.R.S.A. § 3308.>
4. Who is eligible for having records sealed?
A person adjudicated to have committed a juvenile crime if (1) at
least 3 years have passed since the person's discharge from the disposition
for that juvenile crime, (2) since the date of disposition, the person
has not been judged to have committed a juvenile crime and has not been
convicted of committing a crime; and (3) there are no current adjudicatory
proceedings pending for a juvenile or other crime.
The court may grant the petition if it finds that the requirements
of above are satisfied, unless it finds that the general public's right
to information substantially outweighs the juvenile's interest in privacy.
15 M.R.S.A. § 3308.
5. How do I get records sealed?
A juvenile who meets the above requirements may petition the court having jurisdiction over the records for an order to seal those records. 15 M.R.S.A. § 3308.
