Maine Public Records

Maine public records refer to all documents or information created by, or in the custody of, any public agency or official. They contain details of the official conduct of the government. The existence of public records ensures the transparency and accountability of the government to the citizens because they can be used to uncover cases of malpractice and unlawful activity. According to the Maine Freedom of Access Act §401, all records maintained by public bodies must be open to public inspection. Therefore, it is against the law for record custodians in Maine to deny requesters access to any of their records for no reason.

Are Maine Records Public?

Yes. Per the Maine Freedom of Access Act §408-A** **(FOAA), public records are generally considered non-confidential and are subject to examination and copying by members of the public. This Act, however, does not apply to all records in Maine. The law prohibits public access to records that have been deemed confidential, such as:

Juvenile records.
Medical records.
Records related to insurance or insurance-like protection;
Records that belong to public officials or agencies of the State;
Records containing personal identifying information of minors;
Records that detail security plans and procedures related to acts of terrorism;
Records containing personal details such as credit or financial information, social security numbers, and information about any member of the individual's immediate family.

Maine Public Records Act

The Maine Freedom of Access Act (FOAA) is a law enacted in 1959 that grants all citizens of Maine the right to access the public records of government bodies and agencies at all levels. While ensuring the full accountability of the government to the people, the FOAA ensures that the interests of the government and the citizens' privacy are protected. The Maine Freedom of Access Act can be found in code §400 through to §452 of the Maine Legislature.

According to the Maine Freedom of Access Act §402, a public record is any document or material that contains information on the official transactions of the public or government. Public records come in various formats. They may be audio files, written, printed, or an electronic data compilation. Some examples of public records under the Maine FOAA include:

Court records and case information
Criminal records
Business records
Property records
Bankruptcy records
Arrest and inmate records
Vital records (marriage records 50 years or older, Birth records 75 years or older, and death records 25 years or older)

How Do I Find Public Records in Maine?

To find public records in Maine, inquirers may follow these steps:

Step 1: Determine the record needed and identify the custodian

All public records in Maine are filed and maintained by a corresponding office in the State. Hence, the first step to retrieval is to determine the specific record needed and to identify its custodian in Maine. For instance, individuals requesting land or property records must locate the Register of Deeds office in the relevant county. In contrast, those needing access to court records must contact the clerk's office where the case was handled.

Step 2: Verify the availability of the record and the access requirements

Once the desired record and the custodian have been identified, the next step to retrieving the required documents is to confirm their availability and access requirements. Custodians of public records often have websites detailing the information required to facilitate the search. This may include a case number, docket, or page number as well as the requester's name, birth date, location, or city of residence. These websites also provide contact details like phone numbers and email addresses, which requesters can use to contact the relevant office to make these inquiries. Inquirers can also visit the offices of the record custodians if they wish to make inquiries in person. However, in-person inquiries must be done during the stipulated working hours of the office or agency.

Step 3: Create and submit the records request

In Maine, requests for public records can be made through various means, depending on the agency's requirements. Typically, interested persons may request public records via email, phone, mail, email, fax, online or in person. Some public records in Maine, such as court records, can also be accessed by filling out a request form accessible through the State Judicial website.

Step 4: Pay the applicable fees

Record custodians in Maine often require payment to cover the cost of searching, retrieving, compiling, and copying public documents. As stipulated by the FOAA, there is a standard fee of 10 cents per page for record copies and $25 per hour for the initial processes after 2 hours. Fees may also be charged for other requests, such as converting the record into different formats and for the cost of postage. Most agencies require all these applicable fees to be paid upfront before the records can be released to requesters.

Find Maine Public Records Free

Various government agencies and offices in Maine provide access to public records at no cost to members of the public. Some provide self-service options via public computers, and others provide online access through open portals and databases. The following are examples of government agencies that provide free online and offline access to public records:

The Maine Judicial Branch provides an online search option for free access to court records.
The Hancock County Registry of Deeds allows free in-person searches using public computers. They also have an online database where records relating to real estate can be accessed for free.
The Maine Department of Corrections provides free online access to information about adults incarcerated at a Maine DOC facility via the Adult Resident Search portal.

What Happens if I Am Refused a Public Records Request?

Access to public records may be refused for a plethora of reasons:

Records may be unavailable or considered confidential by law.
The details provided may have been incorrect or insufficient to locate the record
The request may have been sent to the wrong agency.

As the M.R.S. §408-A4 stipulates, the government agency or official must provide a written notice to the requester in case of a refusal. This notice should clarify the reasons for the refusal and the possibility of an overturn following a review. This notice must be provided no later than 5 working days from the day the initial request was made. If a requester is dissatisfied with the government agency's refusal to inspect or copy a public record, M.R.S. §409-1 grants them the legal right to appeal to the Superior Court within 30 days of receiving the written refusal.

How Long Does It Take to Obtain a Maine Public Record?

The Maine Freedom of Access Act §408-A3 states that an official or agency must provide an acknowledgment of public record requests within 5 working days of receiving the request. Beyond this initial response, the Freedom of Access Act does not provide specific timelines for requests to be attended to. This is because the volume of requests, length of search time, agency workload, and other factors may make it difficult to comply with set timelines. The agency is, however, expected to provide, within a reasonable time, a "nonbinding estimate" of the timeframe within which their request for the public record will be granted.