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Legislators in Maine proposed a bill that calls for the expunction of criminal and civil charges for cannabis possession.

Legislative Document 1646

Maine’s Legislative Document 1646 is a proposed bill which seeks to create expungement opportunities for residents who have criminal records that are related to the possession of cannabis. If it passes, individuals who are currently incarcerated, on a supervised release or on probation will be granted the option to petition for resentencing. Upon receiving such a request, the court would be required to determine if a change is warranted or if the current sentence is appropriate.

The potential law defines a cannabis-related offense as a conviction or adjudication for a crime or civil violation that involves the:

• Sale of cannabis.
• Use or possession of cannabis.
• Use of paraphernalia related to cannabis that would not have been a crime or civil violation if it were not for the presence of cannabis.

Individuals who have convictions related to cannabis but are not incarcerated could also get new expungement opportunities. Legislative Document 1646 would ask the Department of Public Safety to review their records by January 1, 2025 and expunge any that are for arrests, convictions and adjudications for crimes or civil violations for possession of cannabis.

Residents of Maine would also be granted the right to file a request for expunction. All requests must be reviewed by the Department within 30 days. If they determine that an offense warrants expungement, they'd be granted an additional 30 days to complete the process.

Exceptions

Not all cannabis-related offenses will meet the expungement criteria. Examples include:

• Distribution of cannabis to a minor.
• Using a minor to distribute cannabis.
• Serious charges unrelated to activities permitted pursuant to Title 28-B that were dismissed as part of a plea deal.

An Expunction Fund

The Legislative Document includes a plan to establish a fund to cover the costs of expunging records and resentencing individuals. This includes expenses incurred during the review process to determine if records are eligible.

Maine residents who request an expungement or resentencing could be entitled to reimbursement from this fund. They would also be entitled to court-appointed legal representation without having to prove indigency.

What Employers Should Know

Employers in Maine should be aware of this proposed law and know that if it is passed, many people could have various marijuana-related convictions expunged. When this happens, those records may not be considered by hiring managers for any employment purpose.

To help avoid reviewing records that are expunged or outdated, organizations are encouraged to work with an accredited Consumer Reporting Agency. CRAs take steps to help ensure the reports they provide only contain current, accurate data that can help employers make informed decisions and maintain safe workplaces.

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