Maine's fair-chance hiring law applies to private employers. Since 2021, 26 M.R.S. 600-A has barred most employers in Maine from asking about criminal history on an initial job application. They also may not state in a job ad or initial application that people with criminal records will not be considered. Employers may ask during an interview or after deciding the applicant is otherwise qualified. If they do, they must let the applicant explain the record and any rehabilitation. Exceptions apply where a law creates a mandatory or presumptive disqualification for the job. State government employers in the executive, legislative and judicial branches are excluded from this statute.
Background check companies in Maine are covered by Maine's Fair Credit Reporting Act, which adopts the federal FCRA. That means the federal rules apply under state law too. These include accuracy duties, the time limits on reporting old non-conviction records, and disclosure, consent and pre-adverse action notices for employment reports.
Maine also allows some old records to be sealed. Under 15 M.R.S. 2261 and 2262, a person may ask a court to seal a conviction for most Class E crimes, and certain older marijuana-related offenses, four years after completing the sentence if there are no new convictions or pending charges. Sealed records should not appear in public background reports. Maine does not have a separate tenant screening statute, so tenant reports are governed by the FCRA and Maine's act.
Where Maine FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Maine are heard in one federal district:
- District of MaineCourthouses: Bangor, Portland.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Checkr: HQ in N.D. California
- First Advantage and Sterling: HQ in N.D. Georgia
- RealPage: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
Maine laws that add to the FCRA
- Criminal history on employment applications (26 M.R.S. § 600-A)
Most Maine employers may not ask about criminal history on an initial application or say people with records will not be considered. They may ask during an interview or after finding the applicant otherwise qualified, and must allow an explanation. State government branches are excluded, and exceptions apply where law creates a disqualification. Read it - Post-judgment motion to seal criminal history record (15 M.R.S. §§ 2261-2262)
Allows a person to seek sealing of an eligible conviction, mainly Class E crimes, four years after completing the sentence, if there are no later convictions or pending charges. Read it - Maine Fair Credit Reporting Act, incorporation of federal law (10 M.R.S. § 1309)
Requires consumer reporting agencies, including background screeners, and users of reports to comply with the federal FCRA as a matter of Maine law. Read it
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
Can a Maine employer ask about my record on a job application?
Most Maine employers may not ask about criminal history on the initial application. They may ask during an interview or after deciding you are otherwise qualified, and must give you a chance to explain. Some jobs where a law disqualifies people with certain convictions are exceptions.
Can a sealed Maine conviction show up on a background check?
Sealed records are not supposed to be publicly available, but private screening companies sometimes keep old court data. If a sealed conviction appears on your report, you can dispute it, and reporting it may be inaccurate under the FCRA and Maine's act.
Does Maine regulate tenant screening reports?
Maine does not have a separate tenant screening statute, but tenant screening companies are consumer reporting agencies under the federal FCRA, which Maine law adopts. They must use reasonable procedures for accuracy and investigate disputes.
How long do I have to file an FCRA lawsuit in Maine?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. District Court for the District of Maine
- 10 M.R.S. Chapter 209-B (Maine Fair Credit Reporting Act)
- 10 M.R.S. § 1309
- 10 M.R.S. § 1310
- 10 M.R.S. § 1310-H
- First Circuit, Consumer Data Industry Ass'n v. Frey (2022)
- 26 M.R.S. § 600-A
- 15 M.R.S. § 2261
- 15 M.R.S. § 2262
- NELP, Ban the Box / Fair Chance Hiring State and Local Guide
- Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
Updated November 2026. This page is general information, not legal advice.