Can a DUI be expunged in Maine?
A DUI conviction cannot be expunged or sealed in Maine. The licensing agency keeps the DUI on the driver record either way.
A DUI conviction is the offence most often written out of a state's expungement law. Where relief exists at all it usually arrives with a waiting period, a one-time limit and a list of disqualifiers, and clearing the court record is not the same as clearing the record the licensing agency keeps. The rules below are Maine's own, each quoted from the statute or the agency that holds the record.
Also called: post-judgment motion to seal criminal history record.
Whether a DUI can be cleared at all
| What the relief is called | sealing of criminal history record information |
|---|---|
| A DUI conviction | Cannot be cleared |
| Waiting period | not stated as a fixed period |
| How it is obtained | By petition only |
Maine seals only what its statute calls an eligible criminal conviction: a current or former Class E crime, apart from certain sexual assaults, together with a short list of marijuana crimes committed before 30 January 2017. Operating under the influence is a Class D crime under 29-A M.R.S. § 2411(5), so an operating-under-the-influence conviction falls outside the sealing chapter. The Maine Judicial Branch states that Maine does not have expungement, so there is no separate route that destroys the record.
“"Eligible criminal conviction" means: A. A conviction for a current or former Class E crime, except a conviction for a current or former Class E crime under Title 17‑A, chapter 11; and B. A conviction for a crime when the crime was committed prior to January 30, 2017 for: (1) Aggravated”
The driving record is a separate record
This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.
Not cleared. Even where a conviction is sealed, the licensing agency still receives it. Maine law allows a criminal justice agency to disseminate sealed criminal history record information to the Secretary of State to ensure compliance with state and federal motor vehicle laws. The Bureau of Motor Vehicles sells three-year and ten-year driving records, and 29-A M.R.S. § 2411(5) counts previous operating-under-the-influence offences within a ten-year period when setting penalties.
“In addition to the dissemination authorized by Title 16, section 705, a criminal justice agency may disseminate the sealed criminal history record information to: ... 3. Secretary of State. The Secretary of State to ensure compliance with state and federal motor vehicle laws;”
What else sits on that record: suspensions and points in Maine.
How long the wait is, and from when
No waiting period opens a route for an operating-under-the-influence conviction, because it is not an eligible criminal conviction. For convictions that are eligible, 15 M.R.S. § 2262(2) requires at least four years since the person fully satisfied each sentencing alternative imposed, with no other Maine conviction, no case dismissed through a deferred disposition, no out-of-state conviction since then and no pending charges.
“At least 4 years have passed since the person has fully satisfied each of the sentencing alternatives imposed under Title 17‑A, section 1502, subsection 2 for the eligible criminal conviction;”
Automatic or by petition
Maine has no Clean Slate or automatic clearing law. The Judicial Branch states that Maine law provides a process for sealing the records of certain types of criminal convictions and that sealing is not automatic; a motion must be filed and a hearing held.
“Maine law provides a process for sealing the records of certain types of criminal convictions. Sealing is not automatic.”
Where it is filed, and what it costs
| Filed with | the District Court clerk's office for the court in which the conviction occurred |
|---|---|
| Form | Motion to Seal Criminal History (CR-218) · mjbportal.courts.maine.gov |
The Judicial Branch provides form CR-218, which can also be obtained on paper from any District Court clerk's office and is returned to the clerk for the court where the conviction occurred. The motion may be filed with or without an attorney, and the State is represented by the prosecutor's office that handled the original case. The court schedules a hearing and grants the motion if each statutory requirement is shown by a preponderance of the evidence. If the order issues, the court notifies the State Bureau of Identification, which seals the conviction and mails notice.
“The Judicial Branch provides a court form, Motion to Seal Criminal History (CR-218), on the Forms page of the website. A paper version of this form can also be obtained from any District Court clerk's office. Complete the form and return to the clerk's office for the court in which the conviction”
Whether a cleared DUI still counts as a prior
Sealing in Maine does not erase the record. The Judicial Branch states that the record is not completely erased and that Maine does not have expungement; the record simply is not disclosed to third parties. A prosecutor may use a sealed record in prosecuting the person for a new crime, including in a charging instrument, other public court document and in open court. Under 29-A M.R.S. § 2411(5) the penalty for operating under the influence turns on previous offences within a ten-year period.
“Dissemination and use of the criminal history record information relating to the sealed record by an attorney for the State or for another jurisdiction as part of a prosecution of the person for a new crime, including use in a charging instrument or other public court document and in open court”
The statute: 15 M.R.S. § 2262
“Except as provided in section 2262‑A, criminal history record information relating to a specific criminal conviction may be sealed under this chapter only if: 1. Eligible criminal conviction. The criminal conviction is an eligible criminal conviction;”
Questions about clearing a DUI in Maine
- Can an OUI conviction be sealed in Maine?
- Under 15 M.R.S. § 2262 only an eligible criminal conviction may be sealed, and 15 M.R.S. § 2261(6) defines that as a current or former Class E crime, apart from certain sexual assaults, plus listed marijuana crimes committed before 30 January 2017. Operating under the influence is a Class D crime under 29-A M.R.S. § 2411(5), so it is outside the chapter.
- Does Maine have expungement?
- The Maine Judicial Branch states that the record is not completely erased by sealing and that Maine does not have expungement; a sealed record is simply not disclosed to third parties such as employers, lenders, landlords and school admissions officers. Sealing runs under 15 M.R.S. ch. 310-A, the post-judgment motion to seal a criminal history record.
- Would sealing keep an OUI off the Maine driving record?
- No. 15 M.R.S. § 2265(3) allows a criminal justice agency to disseminate sealed criminal history record information to the Secretary of State to ensure compliance with state and federal motor vehicle laws. Under § 2265(2)(A) a prosecutor may also use a sealed record in prosecuting a new crime, including in open court.
Sources
- 15 M.R.S. § 2261 – Definitions, including eligible criminal conviction (Maine Legislature)
- 15 M.R.S. § 2262 – Statutory prerequisites for sealing criminal history record information (Maine Legislature)
- 15 M.R.S. § 2265 – Special restrictions on dissemination and use of criminal history record information (Maine Legislature)
- 29-A M.R.S. § 2411 – Criminal OUI (Maine Legislature)
- Maine Judicial Branch – Sealing Your Criminal Record
- Maine Judicial Branch – Motion to Seal Criminal History (CR-218)
- Maine BMV – Operating Under the Influence Information
Cite this page
Every state page quotes the statute or agency page each value comes from; when citing this page, include the verification date shown above.
WheelsBack. "DUI expungement and record sealing in Maine." Verified against primary sources August 29, 2026; sources re-checked September 4, 2026. https://wheelsback.com/maine/dui-expungement/