Many years ago while you were “young and foolish” you were charged with a crime. At the time, you were impatient with how long it was going to take to get a proper resolution to your case. Instead of talking to a lawyer, you were in a rush and entered a guilty plea at the court so that your criminal case would “go away.” The guilty plea resulted in a conviction, for which you spent a few days in jail. When you were released, you believed that this was the last you would hear about this case.
Years later, you have turned your life around. You have not been in trouble with the law since you were a young adult. You have decided to seek a job that requires a security clearance. However, they won’t give you the security clearance with your criminal record. So you might be wondering, will an expungement help me get a security clearance?
What is an expungement in Maine?
Technically, there is no remedy or process that is called “expungement” in Maine. When people talk about wanting an “expungement” they mean that they want their criminal record erased. This is not legally possible. Instead, Maine has what is called Executive Clemency, or a Governor’s pardon. When a person is awarded a pardon, their pardoned crime appears as “confidential” on their record. It does not appear as “expunged.”
The only way that a crime on your record would appear as “dismissed” would be if your case had actually been dismissed by the Court.
A Pardon Will Not Help You Win a Security Clearance
The answer to the question (will an expungement help me get a security clearance?) is no, if you do not already qualify for a security clearance, getting a pardon from the Maine Governor will not make your criminal record disappear. The pardon will only make revealing your criminal record more difficult. If you are applying for a security clearance, you are still required to disclose your criminal history on the application for a security clearance. Ultimately, the agency or organization examining your security clearance application will still be able to access your criminal record.
In other words, if you do not qualify for a security clearance due to your criminal record, then you will not be granted a security clearance. A pardon from the Maine Governor will not change your underlying criminal history.
How attorney Nielsen can help?
Our committed legal team is determined to take immediate action to seek a positive case outcome. The best time to fight an accusation is before you are convicted of the offense. If you or someone you know has been charged with a criminal offense in Maine, I encourage you to contact The Nielsen Group for an experienced Maine criminal defense attorney. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a legal defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
If you enjoyed the answer to the question (Will an Expungement Help me Get a Security Clearance?), you may also want to read: