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According to Title 28A section 2051, possession or attempted use of a fake ID in Maine is a "civil violation". A civil violation is not "criminal" in nature, and will not result in jail time, but will result in a fine and possibly community service in the discretion of the judge. Civil violations will show up on a personal record in various ways. They will generally appear on a criminal background check. Even a potential employer could find these violations when they do a background check. Of course, whether or not it shows up depends on what type and how thorough of a background check the employer conducts. If the check is not overly extensive then the violation might not appear.
Now it's not a crime, so if he's asked if he's been convicted of a crime, misdemeanor, felony, etc... he can honestly answer "no".
But if the intent is to keep the violation off the records in the first place, I would suggest getting an attorney.
Again, the main risk (aside from the fine and potential community service) is that it will be on his record. It's not criminal, and he can still say that he has not committed a crime, but it could still come up in the record.
Now it might be possible to expunge such a record in the future, but I can't tell you how many individuals that I've encountered in my practice hoping to get a record expunged that would not be eligible. It's better to avoid the record in the first place, if possible, than to try to clean the record in the future.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
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Hi Scott, he is guilty of using the fake id, total stupidity on his part. he has no prior record and has a been good. how can a lawyer help the outcome if i hire one?
A lawyer can often help plead down to a pretrial diversion (deferred adjudication) such that if he completes certain steps, this can be dismissed. He also might be able to plead down to a lesser offense that might stay off the record. And he might be able to argue "reasonable doubt" in the case, even if it's somewhat clear that this occurred.
There are a variety of ways that the worst elements of this could be avoided. Again, the fact that it's not criminal already means that the "worst" are avoided, but the fact that it remains on the record and could come up in a background check is what I would say is the most problematic aspect of it.
I agree and that is my concern. thank you very much
My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
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