Maine Criminal Records

A Maine criminal record is an official document that details an individual's formal involvement and interactions with the state's criminal justice system. These records typically include arrests, warrants, court dispositions, sentencing outcomes, incarceration history, and other related information. Recent crime data indicates that Maine has a violent crime rate of approximately 1.03 incidents per 1,000 residents, considered one of the lowest violent crime rates reported across the country. The state's overall crime index of around 13.17 per 1,000 is also relatively lower than the national average.

Maine criminal records are generated and maintained by various municipal and state entities, including police departments, sheriff's offices, superior and district courts, the Department of Public Safety, and the Department of Corrections. However, the Maine State Bureau of Identification (SBI) serves as Maine's central repository for criminal record history information and is charged with collecting, maintaining, and disseminating this information to interested parties.

Are Criminal Records Public in Maine?

Per the Maine Freedom of Access Act, records generated or maintained by governmental entities in Maine (including criminal records) are generally considered public records and may be inspected and copied by interested members of the public. However, access to criminal record information is further regulated by several other laws, primarily the Maine Criminal History Record Act.

To this end, while most criminal records may be accessed by any interested party, overall accessibility is determined by the type of record, and certain information is restricted to authorized requesters. For instance, sealed records, records of ongoing/active investigations, and sensitive information that could compromise law enforcement operations are exempt from public disclosure. On the other hand, while juvenile criminal records and non-conviction information are deemed confidential, information on arrests than a year old with pending dispositions and juvenile adjudications may be accessed by the public.

How To Look Up Criminal Records in Maine?

The Maine State Bureau of Identification (SBI) is responsible for maintaining and disseminating official criminal record information to interested parties, including the general public. To this end, the bureau offers two options that may be used to obtain copies of these criminal records:

• Name-Based Checks, which match criminal records using a person's name and date of birth. Note that these checks are based on "possible" matches, as more than one person may have the same name and date of birth.
• Fingerprint-Based Checks, which use fingerprints to ensure an exact match to the subject of the record request.

Fingerprint-based checks require submitting the fingerprints of the subject of the record request directly to the SBI. On the other hand, name-based checks may be requested online using the Maine Criminal History Record and Juvenile Crime Information Request Service. Note that only records of adult convictions, arrests less than a year old with pending dispositions, and juvenile adjudications are obtainable via this service (access to complete criminal history information containing non-conviction and non-adjudication information is restricted to criminal justice agencies).

Results are typically returned within 2 - 12 hours; however, requests that require manual intervention may take up to two weeks. There is a non-refundable $31 fee ($21 for individuals with a Maine InforME subscription), with an additional $10 fee for requesters who wish to obtain a notarized copy of the record.

Inquiries on both name and fingerprint-based checks may be directed to the SBI by calling (207) 624-7240 or contacting the bureau in person at:

How To Search Maine Arrest Records?

Arrest records in Maine are usually created when a person is taken into custody by a local and state law enforcement agency, primarily municipal police departments and county sheriff's offices. These records typically contain details like:

• The name, age, and physical description of the person arrested
• The date, time, and location of the arrest
• The name of the arresting officer(s) and the arresting agency
• The offense(s) that led to the arrest and a brief description of the arrest circumstances
• Booking, bail, and/or bond information (where applicable)

Individuals who wish to access arrest records in Maine can typically do so by contacting the law enforcement agency responsible for the arrest and submitting a records request to them. Depending on the agency, this may be done online, in person, or via mail. Some agencies also maintain online arrest or booking logs that may offer limited arrest information. Likewise, the Maine State Bureau of Identification provides online access to a Crime Information Request Service that may be used to obtain information on arrests that are less than a year old and still have pending dispositions, as well as arrests that resulted in a criminal conviction.

How To Search Maine Warrants?

Warrants in Maine are court orders that authorize law enforcement officials to take a specific action, such as making an arrest or searching a property. These warrants are issued by duly authorized judicial officers, including superior court justices, district court judges, and justices of the peace, and they include:

• Arrest Warrants: These are issued when there is probable cause to believe a person committed a crime, and they authorize law enforcement to arrest this person. Arrest warrants do not expire and typically remain active until executed or quashed (dismissed) by the issuing court.
• Bench Warrants: These are issued for failure to appear in court or violating court orders and authorize law enforcement to apprehend the person. Bench warrants also typically do not expire until executed, but may be recalled if the person resolves the issue before being apprehended.
• Search Warrants: These authorize law enforcement to search a specified location for evidence and seize items from this location. Unlike arrest and bench warrants, search warrants do not remain valid indefinitely; per Maine Rule of Criminal Procedure 41, these warrants must be executed and returned to the issuing court within 14 days.

Interested parties may obtain warrant information by contacting the superior or district court that issued the warrant. Information may also be accessed through the law enforcement agency of jurisdiction in the municipality where the warrant is believed to have been issued. Some counties also provide online warrant search tools that may be used to glean necessary information. However, it is important to note that access to certain warrant information may be restricted, especially if it pertains to an ongoing investigation.

Can I Obtain a Maine Criminal History Record of Another Person?

Criminal records in Maine are generally available to the public; as such, interested parties can typically obtain copies of another person's criminal history records. Requests for these records may be made online via the Maine Criminal History Record and Juvenile Crime Information Request Service. However, it should be noted that public access to criminal record information is limited to adult conviction information, adjudicated juvenile offenses, and pending cases less than one year old.

Requesters are required to provide the full name and date of birth of the person whose records they wish to obtain and pay a non-refundable $31 fee (individuals with an active InforME subscription are charged $21). Note that there is a separate $10 fee to obtain a notarized copy of the record. Requests are typically processed within 2 - 12 hours and sent via email; however, processing times may extend to up to two weeks if manual intervention is required. You may contact the Maine State Bureau of Identification at (207) 624-7240 for more information.

How To Expunge or Seal Maine Criminal Records

Maine law makes provisions for certain eligible individuals with criminal records to seal criminal convictions, making them inaccessible to the general public and allowing the record's subject to legally deny the existence of the record for most applications/inquiries. However, it should be noted that sealed records are not completely erased, and will still be accessible to criminal justice agencies and other specific, authorized non-criminal justice entities, including professional licensing agencies and the victim(s) of the offenses related to the sealed record.

To seal criminal records in Maine, you must first meet certain statutory prerequisites. These include:

• The conviction must be eligible for the sealing process. Sealing is typically limited to adult convictions for current or former class E crimes and certain marijuana-related offenses, as well as certain adjudicated juvenile offenses.
• At least four years must have elapsed since the imposed sentence (including fines, probation, or community service) was fully completed.
• You must not have any other adult criminal convictions in Maine or any other state.
• You must not have had a case dismissed due to deferred disposition after completing your sentence.
• You must not have any pending criminal charges in Maine or any other jurisdiction

Individuals who meet these eligibility criteria may go ahead to file a Motion to Seal with the court where the conviction occurred - necessary forms may be obtained from the court clerk's office or accessed online. Once the motion is properly filed, the court will typically schedule a hearing to review the motion and may grant the motion if it determines that all requirements have been met.

It should be noted that individuals who do not meet the requirements for record sealing may limit public access to their criminal records through Executive Clemency, specifically by receiving a full pardon. Interested parties must meet certain requirements, which include waiting at least five years after completing their sentence. The pardon process generally involves submitting a petition (along with necessary supporting documentation) to the state's Department of Corrections, publishing a notice of a hearing (if you are granted one), and subsequently attending the hearing to present your case. It should be noted that final decisions on granting full pardons are made at the discretion of the Governor. Questions related to the pardon process may be directed to the Department of Corrections at (207) 287-3366.

It is strongly recommended to get legal advice before requesting a record sealing or full pardon to ensure a hassle-free process.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in Maine?

Several laws (both federal and state) regulate the use of criminal records for employment, licensing, and housing in Maine. These include the Fair Chance Act, which prevents federal agencies and contractors in Indiana from asking about an applicant's criminal history until after making a conditional job offer. Similarly, under Maine Revised Statutes Section 600-A, employers cannot ask about criminal history on initial job applications unless required by law (these inquiries may only be made after they have determined that an applicant is qualified for the role). Maine Revised Statutes Title 5, Chapter 341 equally restricts licensing bodies from automatically disqualifying applicants and provides conditions for denying, suspending, or revoking licenses based on criminal record history, particularly if a conviction directly relates to the profession.

Additionally, the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD) guidelines prohibit blanket policies that automatically reject applicants with criminal records, requiring employers and landlords to conduct individualized assessments considering the offense, time elapsed, and relevance to the position or housing.

Can I Access Maine Criminal Records for Free Online?

While many private websites claim to offer online access to Maine criminal records (either for free or for a fee), the information obtainable via many of these sites is usually neither accurate nor reliable. For the most up-to-date and verified criminal records, it is recommended to use official resources like the Maine Criminal History Record and Juvenile Crime Information Request Service or reputable third-party platforms that aggregate data from verified databases, like MainePublicRecords.us.