A Maine law allowing individuals to apply to have their criminal histories for some cannabis crimes sealed took effect this month, the Maine Morning Star reports. The law applies to crimes that are now legal under the state’s adult-use cannabis law.
Criminal defense attorney Matthew Morgan, a partner at McKee Morgan, noted in an interview with the Morning Star that under the law, some professional licensing agencies and law enforcement will still be able to access the records, “but otherwise they will be sealed, and people are allowed to indicate they do not have a criminal record based on the sealing.”
Barbara Cardone, director of legal affairs and public relations for the Maine Judicial Branch, said the courts could not provide data on the number of people who have requested to have their criminal records sealed under the new rules.
Last session, lawmakers had considered a bill to automatically seal cannabis-related crimes that are now legal activity but ultimately rejected that proposal due to objections over the cost of the program – about $633,000 according to a judicial branch analyst – and due to First Amendment concerns by the Maine Press Association which argued that automatically sealing records would violate the right of the public to access records of criminal proceedings under the First Amendment.
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