A measure to automatically seal marijuana-related misdemeanors was already rejected
The Maine Legislature threw its initial approval behind legislation to adopt an automatic record sealing system for certain low-level crimes, which would expand the current petition-based process.
But, cost could again be a barrier.
After passing the Senate 20-12 and the House 81-65, lawmakers placed the bill on the “appropriations table,” where proposals not otherwise funded in the budget go to vie for remaining dollars. There are currently nearly 250 bills on the table. The Appropriations and Financial Affairs Committee will make decisions in the coming days on which bills to prioritize.
When Maine began providing people convicted of now-legal marijuana crimes a path to get their records sealed two years ago, it didn’t cost the state any additional money, to the initial confusion of many. It was because the process, which requires someone to petition the court to seal their conviction if they meet the legal requirements, is rarely used. But a proposal to automate that process failed due to the price tag, among other things.
The bill being considered this year, LD 1911, is expected to cost $648,756 during the current biennium, with an increase to more than $1 million in future two-year budgets, for new positions and computer programming in order to automate the process.
There are also some other more narrow record sealing proposals being considered, including a measure to allow petition-based record sealing for convictions for conduct that’s no longer a crime, which was approved by both the Maine House and Senate, and a measure to automatically seal marijuana-related misdemeanors, which both chambers already rejected.
“We say that when someone has served the entirety of their sentence that they have paid their debt to society,” Rep. Adam Lee (D-Auburn) said during the House of Representatives floor debate Tuesday. “They deserve a clean slate. Unfortunately, for far too many in the state of Maine, that debt continues to follow them well after they’ve paid it off.”
Under LD 1911, sponsored by Sen. Rachel Talbot Ross (D-Cumberland), the state would automatically seal eligible records for people who have completed their sentence and remained crime-free five years after the date of conviction. It’s an attempt to remove barriers within the current system, such as needing the time and knowledge to navigate the process on one’s own or hire an attorney to assist.
Under the amended bill, automatic sealing would only be applicable to misdemeanors, as opposed to the initial proposal to also include some felony charges and convictions. Law enforcement and courts would still be able to access the records.
Thirteen states, both Democrat- and Republican-controlled, along with Washington, D.C., have passed “clean slate” legislation, with such laws varying in scope but with the overall aim to remove barriers to education, housing and employment once people have served their time.
Sen. Nicole Grohoski (D-Hancock) said on Monday those barriers are further exacerbated in parts of Maine where housing stock and jobs are in shorter supply.
“Entire families are held back from economic security and housing,” Grohoski said. “For rural Maine, this is not a marginal issue. It is an economic issue. We cannot afford to sideline people who are ready to work.”
Republicans in both chambers raised alarm about consequences.
“Agencies and employers may not know which records are sealed or accessible, and this could unintentionally jeopardize public safety and trust in our legal system,” Sen. David Haggan of Penobscot said.
Sen. Scott Cyrway of Kennebec chalked the measure up to the state “lowering our standards.”
Rep. Jennifer Poirier of Skowhegan said barriers to employment and housing should be addressed in other ways, such as supporting job training and incentivizing fair hiring practices.
“This bill asks us to trade transparency for the promise of opportunity,” Poirier said.
Another objection voiced during committee work on the bill was that automatic sealing could violate the right of the public to access records of criminal proceedings under the First Amendment, which is why the Maine Freedom of Information Coalition, New England First Amendment Coalition and Maine Press Association are opposed.
Editor’s Note: Maine Press Association represents about 50 newspapers and digital news outlets in the state, including Maine Morning Star.
This article was republished from the Maine Morning Star under Creative Commons license CC BY-NC-ND 4.0. You can read the original version here.
