Maine Class D Misdemeanors

In Maine, crimes are classified under the system outlined in the Maine Criminal Code (17-A M.R.S.), which divides offenses into five categories, ranging from Classes A through E, based on severity, rather than strictly adhering to the traditional felony-misdemeanor divide found in many states.

While the code itself avoids formal "felony" and "misdemeanor" labels, these terms are commonly applied for clarity. Classes A, B, and C are treated as felony-level offenses which are punishable by more than one year in state prison, with possible life imprisonment for Class A. Classes D and E function as misdemeanor-level crimes, which may involve up to 12 months in jail, a fine of up to $2,000, or both (17-A M.R.S. § 1604(2)).

This structure helps determine not only penalties but also court procedures, such as whether a case is heard in Superior Court (for A to C) or District Court (for D to E), as well as long-term impacts like restrictions on voting rights or employment. Understanding this classification matters because it influences everything from bail eligibility to sentencing alternatives like probation, allowing individuals to better navigate potential consequences without stigma. The system fits punishment to the offense, minimizing lasting hardship and stigma. Understanding consequences like probation and criminal record effects helps people handle their cases effectively and access relevant court records.

Common Examples of Class D Misdemeanors in Maine

Class D misdemeanors, which are typically the second-most serious misdemeanor class, with penalties like 6 to 12 months jail and fines up to $2,000 to $5,000, align most closely with Maine's Class D crime. Class D is Maine's highest misdemeanor equivalent, carrying up to 364 days in jail and a $2,000 fine. Common Class D crimes (misdemeanors) in Maine include:

• Assault (intentional/reckless bodily injury): 17-A M.R.S. § 207(1)(A)
• Domestic violence assault (first offense): 17-A M.R.S. § 207-A(1)(A)
• Theft ($500–$1,000): 17-A M.R.S. § 353(1)(B)(5)
• OUI (first offense): 29-A M.R.S. § 2411(5)(A)(3)(i)
• Criminal mischief (damage >$500): 17-A M.R.S. § 806(1)(A)
• Unlawful sexual touching: 17-A M.R.S. § 260(1)
• Terrorizing: 17-A M.R.S. § 210(1)(A)
• Possession of usable amount of scheduled drugs: 17-A M.R.S. § 1107-A(1)(B) or (C)

Statute of Limitations for Class D Misdemeanors in Maine

In Maine, Class D crimes function as misdemeanors under 17-A M.R.S. § 8(2), with prosecutors required to file charges within 3 years after the offense is committed. This begins on the date of the crime's commission (17-A M.R.S. § 8(6)), but tolls if the accused is absent from the state for up to 5 extra years, conceals the offense, or during certain investigations or out-of-state prosecutions.

Notable exceptions apply to specific Class D offenses, such as unlawful sexual touching (no limit if the victim was under 18 at the time; 17-A M.R.S. § 8(1)(B)). Standard domestic violence assault follows the 3-year rule, with no extension. Similarly, first-offense OUI has a 3-year limit, though evidence like breath tests may extend practical timelines.

Legal Penalties for Class D Misdemeanors

Class D crimes in Maine are punishable by up to 364 days in county jail and a fine of up to $2,000. Judges commonly suspend most or all jail time and impose 6 to 24 months of probation, community service of typically 20–100 hours, counseling, or restitution. First-time offenders often receive deferred dispositions, allowing dismissal upon completion of conditions.

A Class D conviction creates a permanent criminal record that may appear in background checks, potentially affecting employment, housing, professional licensing, and firearm possession rights. Penalties and long-term impacts vary widely by case, prior record, and judicial discretion.

Court Process for Class D Misdemeanors

Class D cases in Maine typically begin with a summons or arrest, followed by bail/release conditions. The first court appearance is the arraignment in District Court, where charges are read, and the offender enters a plea (guilty, not guilty, or no contest). Most cases are resolved through plea agreements or filing agreements, such as diversion programs for first offenders.

If an offender pleads not guilty, the case may go to a brief dispositive motion hearing or bench trial. Jury trials are rare but available. Sentencing usually occurs the same day as a plea or verdict. Probation, fines, or deferred disposition are common. Local courts vary in pace and practices. One may consult the specific court or an attorney.

How Class D Misdemeanors Affect Your Criminal Record

A Class D conviction in Maine becomes part of your permanent state criminal history record maintained by the Maine State Bureau of Identification (SBI). It appears on standard background checks conducted by employers, landlords, licensing boards, and firearm purchase checks (both state and FBI-level). The record shows the charge, conviction date, sentence, and disposition, and remains visible indefinitely unless action is taken.

Maine does not currently permit automatic expungement of adult convictions, including Class D crimes. Limited sealing is available only for certain marijuana possession offenses or through a gubernatorial pardon. Deferred dispositions, if successfully completed, result in dismissal and may be set aside, but the arrest still appears unless separately petitioned. Impact varies as some employers overlook minor misdemeanors, while regulated fields such as healthcare, education, and finance often restrict hiring. Always verify current law, as record policies evolve.

Differences Between Class D Misdemeanors and Other Offenses

In Maine, crimes are classified as murders, felonies (Classes A to C), or misdemeanors (Classes D and E).

• Class D misdemeanor (most common misdemeanor level): Up to 364 days in jail and a fine up to $2,000. Examples include OUI (first offense), theft under $1,000, and simple assault.
• Class E misdemeanor (least serious): Up to 6 months in jail and a fine up to $1,000. Examples include minor disorderly conduct and possession of small amounts of marijuana.
• Class A felony (most serious non-murder): Up to 30 years in prison and $50,000 fine.
• Class B felony: Up to 10 years and $20,000 fine.
• Class C felony: Up to 5 years and $5,000 fine.

Class D offenses are significantly less severe than any felony and carry shorter jail time and lower fines than Class A to C felonies, but are more serious than Class E misdemeanors.

How to Check for Class D Misdemeanors in Court Records

Individuals may check for any misdemeanor court records through the following methods:

• Online (free, limited): Use the Maine Judicial Branch “Public Access Search”. Search can be carried out by name or case number for District Court criminal cases (where misdemeanors are handled). Older cases or sealed records may not appear.
• Online (more complete, fee-based): The Maine State Bureau of Identification offers official criminal history record checks. Requesters are required to pay a fee of $31 for name-based searches and $51 for fingerprint-based searches.
• In person: Visit the clerk’s office at the local District Court where the case was heard. Paper records and some electronic dockets are available for public inspection.

Procedures and fees vary by court location. Sealed, juvenile, or expunged records are not publicly accessible. For the most accurate results, contact the relevant court or the Bureau directly.

Can a Class D Misdemeanor Be Expunged or Sealed in Maine?

In Maine, individuals convicted of Class D misdemeanors may be eligible to have their records sealed, effectively restricting public access and treating the conviction as if it never occurred for most purposes. True expungement is not available under state law, as sealing serves as the primary relief.

Expungement and sealing laws vary significantly by state, and Maine's rules are limited, excluding serious crimes like those involving violence, sex offenses, or victims who are minors or elderly. General eligibility requires completing the full sentence, including probation and fines, having no pending charges or subsequent convictions at the time of petition, and demonstrating rehabilitation. The standard waiting period is 5 years from sentence completion for nonviolent Class D misdemeanors.

Petitions are filed with the convicting court, where judges exercise discretion based on public safety and the offense's nature. Clearing a record offers key benefits, including better access to employment, housing applications, professional licenses, and educational opportunities, reducing lifelong barriers from a minor conviction.