Southern Maine Criminal Lawyer BlogWhat Is a Misdemeanor in Maine?
Understanding what constitutes a misdemeanor under Maine law is the first step if you wonder whether you have one. Maine does not use the terms “misdemeanor” and “felony” as formal statutory labels. Instead, the state classifies all crimes by letter grade under Maine’s crime classification system. Classes A, B, and C are felony-level offenses. Classes D and E are misdemeanor-level offenses.
Class D misdemeanors are the more serious of the two. Common examples include simple assault, theft of property valued under $1,000, and criminal mischief. Class E misdemeanors cover less serious conduct such as disorderly conduct and minor drug possession.
The practical difference matters significantly. A felony conviction carries the possibility of state prison time exceeding one year. A misdemeanor conviction carries county jail time of up to 364 days at most. Both create a permanent criminal record. However, they carry different consequences for employment, housing, and civil rights.
Many clients are surprised to learn they have a misdemeanor conviction from a case they thought was dismissed. Understanding the classification system is the foundation for knowing what is on your record and what it means.
How To Find Out if You Have a Misdemeanor on Your Record
Maine offers several ways to check whether you have a misdemeanor conviction. Each method has strengths and limitations. We recommend starting with the most authoritative source and working from there.
Request Your Criminal History Record From the Maine SBI
The Maine State Bureau of Identification maintains the most complete database of criminal records in the state. Under Maine law, any person has the right to request their.
To submit a request, contact the SBI through the Maine Department of Public Safety. The process typically requires a completed application form, valid government-issued identification, and a fingerprint card. A processing fee applies, which may vary. Check the department’s current schedule before submitting.
Turnaround time usually ranges from a few days to several weeks depending on volume. The record you receive will list every Maine arrest, charge, and disposition tied to your identity. This is the most authoritative source for Maine-specific records.
Your SBI report will show the class of each offense next to the charge. Look for “Class D” or “Class E” designations to identify misdemeanor convictions. If a charge shows “Class A,” “Class B,” or “Class C,” that is a felony-level offense.
Search Maine Court Records Online
The Maine Judicial Branch offers an online case lookup system through courts.maine.gov. You can search by name to find cases filed in Maine courts.
This tool shows docket information including the charge, the class of offense, and the case disposition. It is free and available immediately, making it a good starting point.
The system has limitations. Not all records appear in the online database. Older cases – particularly those from before electronic record-keeping – may not be digitized. Some case types may also be restricted from public view. If your search turns up nothing, that does not necessarily mean your record is clean. The SBI check remains the definitive source.
Run a Background Check on Yourself
Commercial background check services offer another option. Companies like Checkr and GoodHire compile records from multiple databases. You can also request an FBI Identity History Summary through the FBI’s Criminal Justice Information Services division.
The FBI check covers federal records and records reported to the national database by state agencies. It can reveal charges from other states that would not appear on a Maine SBI report.
Commercial background check services may be incomplete or inaccurate. They sometimes miss records, report outdated information, or confuse individuals with similar names. For Maine-specific charges, official SBI or court record options are more reliable. Commercial services can supplement those sources but should not replace them.
How To Know What Class Misdemeanor You Have
Your court docket is the best place to start. When you pull up your case through the Maine Judicial Branch online system or request a copy from the clerk’s office, the charging document will list the statute and the offense class. Look for language like “Class D Crime” or “Class E Crime” next to the charge description.
If you were convicted after a plea agreement, the plea paperwork will specify the class. The sentencing order issued by the judge also states the class of the conviction.
Understanding the class matters because penalties differ significantly. A Class D misdemeanor carries a maximum sentence of 364 days in jail and a fine of up to $2,000. A Class E misdemeanor carries a maximum of six months in jail and a fine of up to $1,000.
If you cannot determine the class from your records, a criminal defense attorney can pull the case file from the court. Our attorneys regularly help clients navigate Maine District Court and Superior Court systems to obtain and interpret criminal records. Sometimes a quick review of the docket resolves the question in minutes.
How a Misdemeanor Can Affect Your Life
Many people underestimate the lasting impact of a misdemeanor conviction. Understanding how a misdemeanor can affect you is critical for making informed decisions about your future.
Employment and Background Checks
Most employers in Maine run background checks on job applicants. A misdemeanor conviction can and often does appear on those checks. Even a Class E conviction for a relatively minor offense can raise concerns for an employer.
Maine does have some protections. The state’s ban the box law prohibits most employers from asking about criminal history on an initial job application. Employers can still inquire later in the hiring process. However, they cannot use a conviction as an automatic disqualifier unless it is directly related to the job.
Certain professional licenses carry stricter standards. Careers in nursing, education, law enforcement, and other regulated fields may be affected by misdemeanor convictions. Licensing boards often conduct their own background checks. They may deny or revoke a license based on certain types of criminal history. The impact depends on the specific conviction and the licensing board’s rules.
Housing, Education, and Other Consequences
The effects extend beyond employment. Landlords routinely run background checks on rental applicants. A misdemeanor conviction can lead to a denied application, especially with convictions involving drugs, theft, or violence.
College admissions applications often ask about criminal history. A misdemeanor may not automatically disqualify you. However, it could affect your application. Some forms of federal financial aid may also be affected, particularly for drug-related convictions.
For non-citizens, even a Class E misdemeanor can create serious immigration consequences. Certain misdemeanor convictions qualify as deportable offenses or bars to naturalization under federal immigration law. Non-citizens facing criminal charges should consult both a criminal defense attorney and an immigration attorney.
A domestic violence misdemeanor triggers additional consequences under federal law. A misdemeanor crime of domestic violence prohibits you from possessing firearms permanently. This federal prohibition applies regardless of whether the state conviction was a Class D or Class E offense.
Misdemeanor convictions can also affect child custody proceedings. Maine courts consider a parent’s criminal history when making custody and visitation decisions. A conviction involving violence, substance abuse, or domestic abuse could influence the outcome of a custody dispute.
Can You Get a Misdemeanor Removed From Your Record in Maine?
Maine allows certain criminal records to be sealed. Record sealing does not erase the conviction. It restricts public access so the conviction does not appear on most background checks.
Eligibility depends on several factors. You must wait a specified period after completing your sentence, including any probation. The waiting period varies based on the offense class and type of crime. You must also have no new criminal convictions during the waiting period.
Not all misdemeanors qualify for sealing. Certain convictions – including sex offenses and OUI convictions – have different rules and may not be eligible. The process requires filing a petition with the court and may involve a hearing.
Maine also has limited expungement provisions for certain situations, such as cases that resulted in an acquittal or dismissal. Expungement completely removes the record rather than simply sealing it.
The rules are complex and change over time. Whether your specific misdemeanor qualifies for sealing or expungement depends on the charge, outcome, criminal history, and time elapsed. Consulting a criminal defense attorney is the most reliable way to determine your eligibility and guide you through the petition process.
Talk to a Maine Criminal Defense Attorney About Your Record
Figuring out what is on your criminal record and what it means can be confusing. Determining the charge class, understanding its consequences, and evaluating whether it can be sealed all require careful review of your specific case.
Webb Law Firm helps clients throughout Maine review and understand their criminal records. Whether you need help obtaining your record from the SBI, interpreting a court docket, or exploring options for sealing a misdemeanor conviction, our attorneys can walk you through the process.
If you have questions about a misdemeanor on your record, contact Webb Law Firm for a consultation. We can review your situation and explain what your conviction means for employment, housing, and other areas of your life. We can also discuss your options for moving forward.
Frequently Asked Questions About Misdemeanors in Maine
Do Misdemeanors Show Up on Background Checks in Maine?
Misdemeanor convictions typically appear on both official Maine SBI criminal history checks and commercial background check services. Some older or minor charges may not show up on every commercial service, but the official state record will include them. Maine’s ban the box law prevents most employers from asking about criminal history on initial job applications, though they may inquire later in the hiring process.
How Long Does a Misdemeanor Stay on Your Record in Maine?
A misdemeanor stays on your Maine criminal record permanently unless you successfully petition to have it sealed or expunged. Many people believe that misdemeanors “fall off” after seven years, but that applies to some commercial background check reporting standards – not the actual criminal record maintained by the state. The conviction remains in the SBI database indefinitely without court action to remove or seal it.
What Is the Difference Between a Class D and Class E Misdemeanor?
Class D is the more serious misdemeanor category. It carries a maximum penalty of 364 days in jail and a $2,000 fine. Simple assault is a common Class D offense. Class E is less serious, with a maximum of six months in jail and a $1,000 fine. Disorderly conduct is a typical Class E example.
Can a Misdemeanor Be Reduced or Dismissed After Sentencing?
In some cases, a person may petition to have their criminal record sealed under Maine’s record sealing statute. Limited post-conviction relief options may also exist depending on the circumstances. Whether you qualify depends on the specific charge, case outcome, overall criminal history, and time elapsed since sentencing. Consulting a criminal defense attorney is the best way to evaluate your options.