Does Maine have ban-the-box?

Yes, and it is one of the strongest in the country. Maine's Fair Chance in Employment Act (26 MRS 681-690) covers ALL employers — public and private, regardless of size. Employers cannot ask about criminal history on initial job applications. If you see a criminal history question on a Maine job application, the employer may be violating state law.

Can I get my criminal record expunged in Maine?

Maine's expungement options are limited for adult convictions. The state allows sealing of certain non-conviction records (dismissed charges, acquittals) and some juvenile records. For adult convictions, there is generally no mechanism to seal or expunge the record. However, you can apply for a Certificate of Rehabilitation, which provides official recognition of your rehabilitation.

What is a Certificate of Rehabilitation in Maine?

A Certificate of Rehabilitation (17-A MRS 2301-2306) is an official document certifying that a person has been rehabilitated. While it does not seal or remove your criminal record, it provides evidence that the state recognizes your rehabilitation. Employers and licensing boards may consider this certificate favorably. It can help overcome barriers to employment and professional licensing.

When can a Maine employer ask about my criminal record?

Not on the initial job application. Under Maine's Fair Chance in Employment Act, employers must wait until after the application stage before asking about criminal history. This means the criminal history question cannot appear on the application form. The employer can inquire about criminal history during later stages of the hiring process, such as during an interview or after a conditional offer.

What should I do if a Maine employer asks about my record on the application?

If an employer includes a criminal history question on their job application in Maine, they may be violating the Fair Chance in Employment Act (26 MRS 681-690). You can file a complaint with the Maine Department of Labor or the Maine Human Rights Commission. Document the application showing the criminal history question. Employers can face penalties for non-compliance.

Does Maine's ban-the-box law have any exceptions?

Yes. Certain positions where a criminal background check is required by federal or state law may be exempt. This can include positions in law enforcement, positions working with vulnerable populations, and jobs in regulated industries like banking or healthcare. However, even for these positions, the inquiry should be limited to what is legally required.

Can a pardon help with my Maine criminal record?

Yes. The Maine Governor can grant pardons for state criminal convictions. A pardon does not automatically erase your record, but it is an official act of forgiveness that can help with employment and licensing. The pardon process involves applying through the Governor's office and demonstrating rehabilitation. While pardons are not common, they are a pathway for people who have significantly turned their lives around.

Maine Background Check Laws

No state lookback limitLast updated: 2026-04-01

Maine has no state lookback limit — convictions can be reported indefinitely. However, Maine has a strong ban-the-box law covering ALL private employers, prohibiting criminal history questions on initial applications. Maine has limited record sealing provisions and offers Certificates of Rehabilitation for employment purposes.

Overview

Maine does not impose a state-level time limit on how far back criminal convictions can be reported on a background check. Under the federal FCRA defaults, convictions can appear indefinitely. This means criminal convictions from any era can still show up on a standard employment background check in Maine. However, Maine stands out for having a strong ban-the-box law that covers ALL private employers. Maine's fair-chance hiring law (26 MRS 681-690) prohibits employers from asking about criminal history on initial job applications. Employers must wait until after the application stage before inquiring about an applicant's criminal record. This gives every applicant — regardless of their past — a chance to be evaluated on their merits before criminal history comes into play. Maine has limited record-sealing provisions but does not have a comprehensive Clean Slate or automatic record-clearing law. The state allows sealing of certain records, primarily non-conviction records and some juvenile records. For adult convictions, options to clear records are more restricted. Maine does offer Certificates of Rehabilitation (formerly called Certificates of Employability), which do not seal records but can signal to employers that an individual has demonstrated rehabilitation and is a suitable candidate for employment.

How Far Back Does a Background Check Go in Maine?

Record Type	Rule in Maine
Felony Convictions	Reported indefinitely. No state time limit on felony conviction reporting.
Misdemeanor Convictions	Reported indefinitely. No state time limit on misdemeanor conviction reporting.
All Convictions	No state limit. Convictions are reported indefinitely under FCRA defaults. Maine has no statute restricting how far back consumer reporting agencies can report criminal convictions.
Arrests (No Conviction)	Under the FCRA, arrests not resulting in conviction can be reported for up to 7 years. Maine does not impose a stricter state limit on arrest record reporting.
Pending Cases	Pending charges can be reported and considered by employers. Maine does not have a specific restriction on reporting pending criminal cases.

Ban the Box / Fair Chance

Yes — covers private employers

Maine has a comprehensive ban-the-box law (26 MRS 681-690) that covers ALL employers — both public and private. Employers cannot ask about criminal history on initial job applications. Criminal history inquiries are delayed until after the application stage. Employers who violate this law may face penalties. This is one of the broader fair-chance hiring laws in the country, covering employers of all sizes.

Effective: 2021-10-18

Clean Slate / Auto-Sealing

No Clean Slate law

Maine does not have a Clean Slate or automatic record-sealing law. Record-clearing options are limited. Maine allows sealing of certain non-conviction records and some juvenile records. For adult convictions, there is no general expungement or sealing mechanism. Maine does offer Certificates of Rehabilitation (formerly Certificates of Employability) under 17-A MRS 2301-2306, which do not seal records but can provide evidence of rehabilitation to employers and licensing boards.

What Employers Can Do in Maine

When can employers ask about criminal history?: Employers cannot ask about criminal history on initial job applications (26 MRS 681-690). This applies to ALL employers in Maine — public and private, regardless of size. Criminal history inquiries can only occur after the application stage.
What can they consider?: Maine employers can consider conviction records but cannot inquire about them until after the application stage. There is no state law mandating individualized assessment, but the ban-the-box framework ensures applicants are first evaluated on qualifications. A Certificate of Rehabilitation can provide evidence of rehabilitation that employers may consider favorably.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Maine

Maine Fair Chance in Employment Act (26 MRS 681-690)(2021)
Comprehensive ban-the-box law covering all employers in Maine — public and private. Prohibits criminal history inquiries on initial job applications. Delays criminal history questions until after the application stage. One of the broader fair-chance hiring laws in the nation.
Maine Certificates of Rehabilitation (17-A MRS 2301-2306)
Allows individuals with criminal records to obtain a Certificate of Rehabilitation demonstrating they have been successfully rehabilitated. Does not seal or expunge records but provides official evidence of rehabilitation for employers and licensing boards.
Maine Criminal History Record Information Act (16 MRS 701-710)
Governs access to and dissemination of criminal history records in Maine. Establishes rules for who can access records and under what circumstances.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Since Maine has no stricter state lookback law, FCRA defaults apply for lookback periods: convictions reported indefinitely, non-conviction arrests limited to 7 years. Maine's ban-the-box law provides additional timing protections beyond the FCRA.

Frequently Asked Questions — Maine

How far back does a background check go in Maine?: Maine has no state lookback limit. Criminal convictions — both felonies and misdemeanors — can be reported indefinitely on background checks. Under the federal FCRA, arrests not resulting in conviction are limited to 7 years. While convictions can be reported indefinitely, Maine's ban-the-box law ensures employers cannot ask about them until after the application stage.
Does Maine have ban-the-box?: Yes, and it is one of the strongest in the country. Maine's Fair Chance in Employment Act (26 MRS 681-690) covers ALL employers — public and private, regardless of size. Employers cannot ask about criminal history on initial job applications. If you see a criminal history question on a Maine job application, the employer may be violating state law.
Can I get my criminal record expunged in Maine?: Maine's expungement options are limited for adult convictions. The state allows sealing of certain non-conviction records (dismissed charges, acquittals) and some juvenile records. For adult convictions, there is generally no mechanism to seal or expunge the record. However, you can apply for a Certificate of Rehabilitation, which provides official recognition of your rehabilitation.
What is a Certificate of Rehabilitation in Maine?: A Certificate of Rehabilitation (17-A MRS 2301-2306) is an official document certifying that a person has been rehabilitated. While it does not seal or remove your criminal record, it provides evidence that the state recognizes your rehabilitation. Employers and licensing boards may consider this certificate favorably. It can help overcome barriers to employment and professional licensing.
When can a Maine employer ask about my criminal record?: Not on the initial job application. Under Maine's Fair Chance in Employment Act, employers must wait until after the application stage before asking about criminal history. This means the criminal history question cannot appear on the application form. The employer can inquire about criminal history during later stages of the hiring process, such as during an interview or after a conditional offer.
What should I do if a Maine employer asks about my record on the application?: If an employer includes a criminal history question on their job application in Maine, they may be violating the Fair Chance in Employment Act (26 MRS 681-690). You can file a complaint with the Maine Department of Labor or the Maine Human Rights Commission. Document the application showing the criminal history question. Employers can face penalties for non-compliance.
Does Maine's ban-the-box law have any exceptions?: Yes. Certain positions where a criminal background check is required by federal or state law may be exempt. This can include positions in law enforcement, positions working with vulnerable populations, and jobs in regulated industries like banking or healthcare. However, even for these positions, the inquiry should be limited to what is legally required.
Can a pardon help with my Maine criminal record?: Yes. The Maine Governor can grant pardons for state criminal convictions. A pardon does not automatically erase your record, but it is an official act of forgiveness that can help with employment and licensing. The pardon process involves applying through the Governor's office and demonstrating rehabilitation. While pardons are not common, they are a pathway for people who have significantly turned their lives around.

Maine Resources

Maine State Bureau of Identification — Criminal Records
The state agency that maintains criminal history records. Request your own Maine criminal history record here.
Pine Tree Legal Assistance
Provides free legal assistance to low-income Mainers, including information about criminal record issues, employment rights, and the ban-the-box law.
Maine Department of Labor
State labor department with information on employment rights, fair-chance hiring, and resources for job seekers.
Maine Human Rights Commission
Enforces Maine's human rights laws, including employment protections. File complaints about discriminatory hiring practices or ban-the-box violations.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Maine for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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