BLOG

The Governor of Maine signed a bill that calls for the automatic expunction of low-level criminal records for marijuana-related offenses.

An Act To Seal Convictions

Legislators in Maine created a bill known as H.P.1435 – L.D. 2236, aka: “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.” It added convictions for possession and cultivation of marijuana to the list of offenses that can be automatically sealed.

The bill begins by defining what criminal convictions are currently eligible for expunction. It then specifies that the following former Class E crimes, if they were committed before January 30, 2017, are now added to that list:

• Aggravated trafficking, furnishing or cultivation of scheduled drugs when the person was convicted of cultivating scheduled drugs, the scheduled drug was marijuana and the crime committed was a Class D crime.
• Aggravated cultivating of marijuana in various manners.
• Unlawful possession of a scheduled drug when that drug was marijuana and the underlying crime was a Class D crime.

Support From NORML

NORML, a group that has a mission to “move public opinion sufficiently to legalize the responsible use of marijuana by adults, and to serve as an advocate for consumers to assure they have access to high quality marijuana that is safe, convenient and affordable” supported Maine’s efforts to get this bill passed.

The organizations’ Deputy Director noted that millions of Americans have criminal records for marijuana related offenses, and in many states those activities are no longer crimes. Having any type of criminal history can make it difficult for a person to find employment and other basic necessities. Groups like NORML are working to create changes, such as the expunction of cannabis convictions, that are meant to help people as they rejoin society.

Status Of The Bill

Previous attempts to create expunction opportunities for marijuana-related offenses that have since been decriminalized have not been successful in Maine. However, H.P.1435 – L.D. 2236 was signed by Governor Janet Mills and will become law. This makes Maine the 25th state to approve similar legislation.

The bill requires residents to file a petition to have their criminal records expunged. Upon filing such a request, the record will be examined and, if approved, can then be sealed.

What Employers Should Know

Employers in Maine should be aware of this law and know that residents may file to have certain convictions expunged. When that happens, those records cannot be considered by hiring managers when they are making employment decisions.

To help prevent the risk of reviewing records that have been expunged, employers may opt to work with a Consumer Reporting Agency (CRA) that is that is accredited by the Professional Background Screening Association (PBSA). CRAs must demonstrate that they follow reasonable procedures to provide current, accurate and reportable records to earn their accreditation.

Need Background Checks?

If your organization needs background checks for applicants, employees, volunteers or contractors, please contact us. We are an accredited CRA that has over 20 years of experience as a leader in the screening industry.

Our team can help you tailor screening packages based on your particular needs, relevant laws and industry regulations. We are available to assist you Monday through Friday from 5am to 6pm PT.