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Maine's Governor Janet Mills signed a law that will empower more individuals to get non-violent convictions related to cannabis expunged.

HP1423

Legislators in Maine proposed a law titled An Act to Remove the Age-related Statutory Prerequisite for Sealing Criminal History Record Information. The bill, also known as HP1423, eliminated a restriction on the age that people must be to have a criminal record expunged. This applies if the person:

• Has not been convicted of a crime in another jurisdiction since they fully satisfied relevant sentencing alternatives for their most recent eligible criminal conviction and;
• Does not have any pending criminal charges in this State or in another jurisdiction.

By repealing the age prerequisite, more individuals will become eligible to have certain convictions expunged. Governor Janet Mills signed the bill in April 2024.

This Expands Another Second Chance Law

HP1423 will expand the scope of a law titled An Act to Expand the List of Crimes Eligible for a Post-judgment Motion to Seal Criminal History Record Information to Include Convictions for Possession and Cultivation of Marijuana, which created allowances to expunge records for:

• Aggravated trafficking, furnishing or cultivation of scheduled drugs for a Class D crime.
• Aggravated cultivating of marijuana.
• Unlawful possession of marijuana if the underlying offense was a Class D crime.

How These Laws Came To Be

The use of recreational marijuana was legalized for Maine residents in 2017. This left thousands of people with convictions for actions that were no longer deemed crimes. Numerous studies have shown that having any type of conviction can make it difficult for people to find jobs, housing and other necessities.

Throughout the United States, a Second Chance Movement has continued to gain momentum. The primary goal is to help formerly incarcerated people restart their lives and rejoin society. This is also intended to give employers larger applicant pools and help reduce the recidivism rate.

What Employers Should Know

Employers in Maine should be aware of these laws and know that they mean thousands of people could have their criminal records expunged. When that happens, those records may not be considered by hiring managers or anyone who is making decisions about consumers. The person who had the record may act as if it never existed.

Because Second Chance laws are becoming increasingly common, employers everywhere should also be aware of the importance of only reviewing background checks that contain current, accurate data. Among the best ways to accomplish this is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). Before earning their accreditation, CRAs must demonstrate that they follow reasonable procedures to only provide up to date, reportable records in the reports they produce.

Need Background Checks?

If your organization is ready to screen applicants, employees, contractors or volunteers please contact us. We are an accredited CRA with more than 20 years of experience. Our friendly, knowledgeable team can help you customize screening packages based on your specific needs, relevant laws and industry regulations.

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