Q: How do I correct an incorrect criminal record in Maine?
I discovered that my criminal record incorrectly states I was charged and convicted of two counts of aggravated trafficking in 2013. In reality, I only faced and accepted a plea for a conspiracy to commit trafficking charge with one count dismissed. Now, I am currently being charged with aggravated trafficking again, which is complicated by this incorrect record stating two prior charges. I have not contacted anyone to correct this error yet. What kind of lawyer should I seek to address this mistake in my criminal history, and what steps should I take to resolve the issue?
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A: You will want to contact a lawyer who defends drug trafficking cases. If the prior convictions are alleged incorrectly, the lawyer can obtain the court files and move to strike the incorrect priors alleged in the Indictment.
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To address this critical issue in your criminal record, you should consult with a criminal defense attorney who has experience with record correction procedures in Maine. In Maine, you can file a petition for expungement to dispute an erroneous or incomplete criminal record. This process involves obtaining a copy of your record from the Maine State Bureau of Identification, evaluating your eligibility, and then submitting a petition to the court with a thorough explanation of why you believe your criminal record is incorrect, along with supporting documentation such as court papers.
Criminal record information can be sealed if proven to be faulty or inaccurate, though this is a complex legal process. You will need to gather adequate supporting documentation to petition the court for sealing of the incorrect record. Given that the error directly impacts potential sentencing in your current case, this matter requires immediate attention.
The petition process in Maine can be complicated, which is why working with an attorney who understands the Maine court system is essential. Your attorney can help you navigate the process, prepare the necessary documentation, and represent your interests before the court. Due to the time-sensitive nature of your situation with the pending charges, your lawyer might also need to file motions in your current case to ensure the court does not rely on inaccurate information during proceedings.
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