Maine Expungement: Limited Options and What You Can Do Instead
Maine has very limited expungement for adults. Most convictions cannot be cleared. Here's what IS available: marijuana expungement, FCRA rights, and the pardon process.
This guide is going to be honest with you upfront, even though the honest answer is not what most people searching for "Maine expungement" are hoping to hear. Maine does not have a general expungement law for adults with criminal convictions. If you were convicted of a crime as an adult in Maine, there is no standard petition process to clear that conviction from your record. The Legislature has not created one. That is the reality of the law in Maine today.
But "no general expungement" does not mean you have no options at all. There are a few specific pathways — including a real expungement for marijuana convictions, rights under federal consumer protection law that apply regardless of expungement, and a pardon process through the Governor. This guide covers all of them.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What Maine does and does not have
May qualify
- Prior marijuana convictions that are now legal — expungement under SB 455 (2021)
- Juvenile records — separate expungement law exists for juvenile adjudications
- Dismissed charges and cases ending in acquittal — petition to seal those records
- Deferred disposition cases successfully completed — may be eligible for dismissal and sealing
- Governor's pardon — available to anyone, discretionary, not automatic
- FCRA dispute rights for inaccurate background check entries — available to everyone
Generally does not qualify
- Adult criminal convictions in general — no standard expungement law exists
- Misdemeanor convictions (with very narrow exceptions)
- Felony convictions — no standard pathway
- OUI (operating under the influence) convictions
- Convictions where restitution was ordered but unpaid
Maine is one of a small number of states that has not enacted a general expungement or record sealing law for adult convictions. This is a gap in the law that advocacy groups have been working to close. As of 2026, general expungement for adult convictions does not exist.
What IS available: marijuana expungement under SB 455
In 2021, the Maine Legislature passed SB 455, creating a process for people with prior marijuana convictions to get those records expunged — genuinely cleared. This is the one area where Maine created a true expungement pathway.
Maine legalized recreational marijuana in 2016. If your conviction involved marijuana possession, use, or small-scale cultivation of amounts that are now legal under Maine law, you may be eligible to petition for expungement.
- Prior conviction for possession of up to 1.25 ounces of marijuana (the current legal limit for adults)
- Prior conviction for possession of up to 5 grams of marijuana concentrate
- Prior conviction for growing up to 3 marijuana plants (for personal use)
- Other marijuana-related offenses that are now fully legal under Maine's recreational marijuana law
Eligibility depends on whether the conduct that led to your conviction is now legal under current Maine law. A legal aid organization or attorney can help you confirm whether your specific conviction qualifies.
How to file for marijuana expungement in Maine
To petition for marijuana expungement in Maine:
- Get your court records from the court where you were convicted — you need the case number, charge, and disposition
- Confirm the conduct involved would now be legal under Maine's adult use marijuana law (quantities and circumstances)
- File a petition with the Superior Court or District Court in the county of conviction
- The court reviews the petition and, if the offense meets the criteria, grants the expungement order
- The court notifies the Maine State Bureau of Identification, which updates the state criminal history
If you have a marijuana conviction and are unsure whether it qualifies, Pine Tree Legal Assistance can help you review the specific charge.
What about dismissed charges and acquittals?
If your case was dismissed or you were found not guilty, you may be able to petition to seal those arrest records. Maine law allows people to request that records of charges that did not result in a conviction be treated more confidentially.
This is not the same as expungement of a conviction, but if you have arrest records from cases that ended in your favor, it is worth pursuing. Contact the court where the case was heard and ask about the process for sealing non-conviction arrest records.
The Governor's pardon — rare but available
Maine has a pardon process through the Governor's office. A pardon does not erase a record — it is a formal forgiveness of the offense — but it can restore some civil rights, demonstrate rehabilitation, and carry weight with employers and licensing boards.
Pardons in Maine are processed through the Maine State Parole Board, which makes recommendations to the Governor. The Governor has complete discretion on whether to grant a pardon. The process is not quick — it typically takes one to two years — and most applications are not granted. But for serious convictions that are causing significant harm to your life and that cannot otherwise be cleared, a pardon is the formal legal pathway that exists.
- Pardons are processed through the Maine State Parole Board, which makes a recommendation to the Governor
- You must wait at least 3 years after completing your sentence before applying
- The application requires detailed information about your offense, sentence, conduct since, and reasons for seeking a pardon
- Most applications are denied — a pardon is discretionary, not a right
- A pardon does not seal the record from public view — the conviction is still visible on background checks
- A pardon does restore some civil rights and can help with professional licensing applications
- Application: maine.gov/corrections/adults/Parole_Pardons.html
If you are considering a pardon application, getting legal help to prepare a strong application is strongly recommended. Pine Tree Legal Assistance may be able to assist.
Your FCRA rights — these apply even without expungement
The Fair Credit Reporting Act (FCRA) is a federal law that governs how background check companies collect and report your information. It applies in Maine just like every other state, regardless of whether you have an expungement.
Your FCRA rights include:
- You have the right to see your consumer file from any background check company that reported on you
- You have the right to dispute inaccurate information — wrong charge, wrong disposition, wrong dates, charges that were dismissed
- The seven-year look-back rule: for most employment decisions below a certain salary threshold, many background check companies are limited in how far back they can report convictions under state and federal law
- Background check companies must investigate disputes within 30 days and correct or delete inaccurate information
- You are entitled to a free copy of your consumer file from any background check company that reported on you in connection with an employment or housing denial
- Data broker websites have opt-out processes — you can request removal of your information from many of these sites regardless of whether you have an expungement
Even without expungement, actively managing what background check companies report about you — and disputing inaccurate or outdated information — can make a real difference in what employers and landlords actually see.
Juvenile records in Maine
If your conviction was as a juvenile — meaning you were under 18 at the time of the offense — Maine law treats your records differently. Juvenile adjudications in Maine are handled separately from adult criminal convictions and may be eligible for expungement or confidential treatment under juvenile record statutes.
If your record involves a juvenile adjudication, contact Pine Tree Legal Assistance or the Maine Office of the Public Defender to understand your options under Maine's juvenile records law, which is separate from the adult criminal expungement provisions discussed in this article.
Free legal help in Maine
- Pine Tree Legal Assistance — Maine's primary civil legal aid organization: ptla.org or 207-774-8211
- Maine Volunteer Lawyers Project — pro bono legal services: mevlp.org or 207-828-0234
- Maine State Bar Association Lawyer Referral Service: mainebar.org — reduced-fee consultations
- Maine Courts self-help center: courts.maine.gov/self-help — general court process information
- Maine Attorney General — consumer protection resources for background check disputes: maine.gov/ag/consumer
- Legal Services for the Elderly — if you are 60 or older: mainelse.org or 1-800-750-5353
Pine Tree Legal Assistance has income eligibility requirements. Contact them as early as possible given the limited pathways available in Maine — understanding your options clearly is the first step.
The path forward when the law is limited
Maine's lack of a general expungement law is a genuine gap. It means that most adults with criminal records in Maine are carrying those records indefinitely under current law. Advocacy groups — including Pine Tree Legal Assistance and the Maine ACLU — have been working to change this through the Legislature.
In the meantime, if you are in Maine with a conviction that cannot currently be cleared:
- If it involves marijuana, check whether SB 455 applies — that is a genuine pathway
- If it is a juvenile record, explore Maine's juvenile records law
- Dispute inaccuracies on background check reports using your FCRA rights
- Request opt-outs from data broker websites directly
- Consider a pardon if your conviction is serious and you have significant time and evidence of rehabilitation
The law is what it is right now. Working within it effectively — knowing exactly what you can do, and doing it — is the practical path forward.
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