AUGUSTA — Lawmakers failed Wednesday to overturn Gov. Janet Mills’ veto of a proposal to automatically seal certain criminal records.
The measure from Sen. Rachel Talbot Ross, D-Portland, sought to expand the list of convictions eligible to be sealed to include all misdemeanor crimes, and to make the process automatic.
Certain convictions still would not have been eligible for sealing, including stalking, animal cruelty and sexual assault crimes, per the proposal.
The Senate failed to get the two-thirds majority needed to override the Democratic governor’s veto in a 20-11 vote. Sen. Rick Bennett, I-Oxford, joined Democrats in voting to overturn the veto. The Senate vote came as the House was taking up the governor’s veto of a data center moratorium that has received lots of attention and lobbying.
Current law requires a person to file a form to request the sealing of their criminal records. A judge must then rule on that request after giving prosecutors an opportunity to object.
Mills, a former prosecutor and attorney general who is termed out of office this year, wrote in her veto message that the bill would cause some records to be sealed “without regard” for victims who object to their sealing. It would also seal records that may be in the public interest, she argued.
The Legislature has tweaked aspects of Maine’s criminal records sealing rules in recent years. Supporters of this year’s measure, which received yes votes from several Republican lawmakers, argued personal privacy should outweigh public disclosure in some instances. They argued that even minor criminal convictions on a person’s record can have long-term unintended consequences.
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