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In Maine, an impaired driving offense is officially referred to as Operating Under the Influence (OUI) rather than DUI or DWI. If you’ve been charged or convicted of an OUI, it’s natural to wonder whether that charge will show up on your criminal record and, if so, how long it will stay there. The answer has important implications for everything from job applications to housing opportunities.
This post clarifies whether an OUI appears on your criminal record in Maine, how it is categorized, and how long it remains visible. While driving records are maintained separately from criminal records, an OUI conviction typically affects both. For anyone navigating life after an OUI charge, understanding what shows up on a background check—and what doesn’t—is a key step in managing the long-term effects.
We’ll break down the role of criminal records in Maine, explore how OUI charges are classified, and explain what employers, landlords, and others may see when accessing your public records. Maine takes impaired driving offenses seriously, and the state’s record-keeping reflects that. Whether you’ve already been convicted or are simply seeking clear answers, this guide will provide a neutral and comprehensive explanation of what happens to your record after an OUI.
How OUIs Are Classified on Criminal Records in Maine
In Maine, an OUI is considered a criminal offense, and a conviction does go on your criminal record. The classification of the offense depends on whether it’s a first-time or repeat offense, as well as on aggravating factors such as injury, high blood alcohol content, or driving with a minor in the vehicle.
Most first-time OUI offenses in Maine are charged as Class D misdemeanors, which are still criminal charges. A misdemeanor is not the same as a civil infraction or traffic violation—it becomes part of your permanent criminal record. Subsequent offenses or cases involving serious harm or other enhancements may be charged as felonies.
Because OUI is a criminal offense in Maine, it will appear in criminal databases accessed by law enforcement, the courts, and in some cases, background check providers. This visibility is not limited to just the court system—it can extend to job screenings, housing applications, and professional license reviews.
OUI Arrests vs. OUI Convictions on a Criminal Record
It’s important to distinguish between being arrested for OUI and being convicted. In Maine, even an arrest without a conviction may still show up in certain public record searches or background reports, depending on the data source and the depth of the check.
However, a conviction is more impactful and is always entered into the state’s criminal database. Once convicted, the charge is considered part of your permanent criminal record and will typically appear in any standard background check conducted in Maine or elsewhere.
If a charge is dismissed, or if you’re found not guilty, the arrest might still be noted in some databases. However, these types of records are usually less visible or flagged differently than a conviction. Still, in some cases, an employer or agency might see that an arrest occurred even if there was no conviction.
Expungement and Record Sealing: What’s Allowed in Maine?
Unlike some states, Maine does not offer expungement of adult criminal convictions. This means that once you are convicted of OUI, the charge cannot be removed or erased from your criminal record under current state law.
Maine also does not allow general record sealing for adult criminal cases. The few exceptions that exist typically apply to juvenile records or cases that were dismissed or resulted in a not-guilty verdict. For most adults, especially those convicted of OUI, the record remains visible permanently unless a rare gubernatorial pardon is granted.
A pardon in Maine is difficult to obtain and is not automatic. It requires a formal application process and is generally considered only for individuals who have maintained a long period of law-abiding behavior after the conviction. Even then, a pardon does not erase the conviction—it simply acknowledges rehabilitation.
Who Can See an OUI on Your Criminal Record?
Many entities can access your criminal record in Maine, depending on the context:
- Employers, especially in government, transportation, healthcare, and education
- Landlords, especially those conducting full background checks
- Professional licensing boards
- Military recruiters
- Volunteer organizations, especially those involving children or vulnerable adults
Because OUI is a criminal offense, it typically shows up on Level 1 background checks and above. More detailed checks may include information about the case outcome, dates, and sentencing. Maine also participates in national criminal databases, which means a Maine OUI conviction could be visible in other states as well.
Some employers may overlook a single, non-violent misdemeanor like OUI, while others may treat it as a disqualifying factor—particularly for jobs involving driving or public safety. There’s no universal rule, but the presence of an OUI on your record is almost always considered in some capacity.
Impact of an OUI Record on Future Legal Proceedings
A prior OUI conviction on your criminal record in Maine has a direct effect on how future offenses are treated. Maine uses a 10-year lookback period to determine if a new OUI is a repeat offense. If a second OUI occurs within this period, it is treated more seriously, often with enhanced penalties and stricter sentencing.
Additionally, having a prior conviction may influence bail decisions, sentencing outcomes, and eligibility for diversion programs in unrelated cases. While not all prior offenses weigh equally in every legal context, a criminal record that includes an OUI can shape the way courts and prosecutors handle future legal matters.
Because the conviction remains visible, it continues to carry potential legal weight well beyond the date of the original offense, reinforcing the long-term consequences of an OUI in Maine.
Employment and Licensing Challenges Linked to OUI Records
The presence of an OUI on your criminal record in Maine can complicate employment prospects and professional licensing. While a single misdemeanor may not disqualify someone outright, it often triggers additional review during hiring or credentialing processes.
For example, professions that involve driving, public safety, or responsibility for vulnerable populations may have stricter rules. Commercial drivers, teachers, nurses, and law enforcement candidates are often held to higher standards. Some employers may request additional information or delay hiring decisions based on the presence of an OUI.
Licensing boards in Maine may ask applicants to disclose all prior convictions, and failure to do so can result in denial or disciplinary action. Even if a license is granted, the board may impose monitoring or conditions based on the nature of the offense.
Criminal Record Visibility for Housing and Financial Background Checks
Landlords and housing agencies often use background checks when screening applicants, and a criminal record that includes an OUI may be visible. While not as serious as a violent felony, a misdemeanor conviction can still affect eligibility for rental housing, especially when there are multiple offenses or other risk indicators.
Financial institutions and insurance companies may also access public record data during underwriting or risk assessments. Although less common than employer background checks, these searches can bring up criminal records, including OUI convictions, and may play a role in determining creditworthiness, policy eligibility, or rental insurance rates.
The long-term visibility of an OUI conviction in these situations highlights the broader impact of having a criminal offense on your record—even one considered a misdemeanor.
FAQ: OUI and Criminal Records in Maine
Is an OUI a criminal offense in Maine?
Yes. OUI is considered a criminal offense in Maine, usually charged as a Class D misdemeanor. Convictions go on your permanent criminal record.
Will an OUI conviction show up on background checks?
Yes. Most standard background checks will reveal a Maine OUI conviction, especially those conducted by employers, licensing agencies, or landlords.
Can you expunge or seal an OUI from your record in Maine?
No. Maine does not allow expungement or sealing of adult criminal convictions, including OUI. The record typically remains visible permanently.
Does a dismissed OUI charge still show up?
It can. While less likely to impact decisions, arrests or charges that were dismissed may still be visible in some public records databases.
Can an OUI on your criminal record affect future charges?
Yes. If a new OUI offense occurs within 10 years of a previous one, it is considered a repeat offense and is subject to harsher penalties.
Conclusion
An OUI conviction in Maine is a criminal offense and does become part of your permanent criminal record. This visibility can affect everything from employment and housing to legal outcomes and licensing applications. Unlike in some states, Maine does not allow expungement or sealing of adult OUI convictions, meaning the record remains accessible to a wide range of institutions and agencies over time.
To better understand how these records impact long-term opportunities, visit our detailed resource on DUI Records and Long Term Impact. For more specific insights into record duration and visibility, check out our mini-guide on How Long a DUI Stays on Your Record.