Maine: Adult Factual Innocence (ME-FI-1)

Records of an arrest and conviction involving a person whose identity was stolen and falsely used can be corrected by the court. 15 M.R.S. §§ 2182, 2183.

Record Detail(s)

Identity theft

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Correct

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition for a court determination of factual innocence and correction of the records must be filed in the underlying criminal, civil violation, or traffic case within one year from the date the person becomes aware of the identity theft. For the specific procedure, see 15 M.R.S. § 2182 et seq.

Fees

There is no statutory language regarding fees.

Effect

The court records and related criminal justice records are corrected. 15 M.R.S. § 2183.

Waiting Periods

The petition must be filed within one year of the date the petitioner becomes aware that their identity has been stolen and falsely used. 15 M.R.S. § 2182(2)(B).

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