Senate sends Sen. Talbot Ross bill to seal criminal records of trafficking survivors to Governor’s desk

AUGUSTA — On Tuesday, June 17, the Maine Senate enacted legislation sponsored by Sen. Rachel Talbot Ross, D-Portland, that would allow survivors of sex trafficking and sexual exploitation to petition to seal criminal convictions that were a direct result of their victimization. The bill, LD 1871, “An Act to Permit Sealing Criminal History Record Information of Victims of Sex Trafficking or Sexual Exploitation,” now heads to the desk of Gov. Janet Mills.

“This bill is about restoring dignity, safety and the chance for a new beginning,” said Sen. Talbot Ross. “No one should be defined forever by a conviction that only occurred because they were coerced, abused or exploited. We have a responsibility to give survivors a meaningful path forward.”

LD 1871 was developed through the work of the Criminal Records Review Committee (CRRC), which examined how Maine’s criminal records policies affect survivors of trafficking and exploitation. As introduced, the bill would permit individuals to file a motion to seal records for any conviction if they can show, by a preponderance of the evidence, that they were a victim of sex trafficking or sexual exploitation and that the offense was a substantial result of that victimization. The bill also strengthens oversight of commercial background check services to ensure that sealed or outdated records are not wrongfully disseminated.

The committee amendment, adopted by the Legislature, confirms that individuals seeking relief under LD 1871 are eligible regardless of the class or type of conviction, as long as the trafficking or exploitation connection is established.

If enacted, Maine would no longer be one of only three states without a pathway for criminal record relief for survivors, according to the Polaris Project.

LD 1871 now heads to the Governor where she has 10 days to sign, veto or let it become law without her signature.

Sen. Talbot Ross is serving her first term in the Maine Senate, representing part of her hometown of Portland and Peaks Island. She serves as the Senate Chair of the Agriculture, Conservation and Forestry Committee and sits on the Judiciary Committee.