Maine Arrest Records

Per 16 MRSA §703(3), Maine arrest records are documents pertaining to the apprehension and detention of an individual. These records are generated by law enforcement agencies like the Maine state police and County Sheriff's Offices to promote public safety, investigation accuracy, transparency, and accountability in the criminal justice system. They are public and are typically disseminated based on the provisions set forth in the Maine Criminal History Record Information Act.

Typically, a Maine arrest record will feature the following information:

• Arrest location, date, and time
• Arrestee name(s) and/or aliases
• Age or date of birth
• The arrestee's race
• Charges (if applicable)
• Arrest type
• Officer name
• A brief description of the offense

Are Arrest Records Public in Maine?

Yes, the Maine Freedom of Access Act (FOAA) grants members of the public the right to public access to arrest records while protecting the privacy rights of individuals and legitimate governmental interests. Therefore, anyone can request to inspect or copy arrest records maintained by any law enforcement agency in Maine. However, some arrest records or portions of them may be redacted and exempt from public disclosure. Generally, juvenile arrest records and investigatory records are considered confidential. Additionally, the following arrest records are deemed private (16 MRSA §703 (2)):

• Arrest records of a person acquitted of a criminal charge;
• Arrest records where the criminal charge against a person has been dismissed;
• Arrest information of cases where the arresting agency or officer decided not to refer to a prosecutor;
• Arrest information of cases where the prosecutor decided not to initiate criminal proceedings;
• Arrest information of cases where a grand jury decided that there is insufficient evidence to warrant a formal charge's return;
• Arrest information without disposition that exceeds a year from the date the person was arrested and the arrest is pending. This excludes arrest information of persons who remain fugitives from justice.

**How Do I Look Up Arrest Records in Maine? **

Several county, state, and federal law enforcement agencies maintain Maine arrest records and offer arrest lookup services. The steps required to retrieve such records are outlined on their websites. They are summarized thus:

Local Law Enforcement Agency

Individuals can find Maine arrest records at county and city law enforcement offices. The method used by these agencies to disseminate arrest information varies. Therefore, individuals can call or review the specific agency's website to understand how to access arrest records. For example:

• Most Sheriff's Offices/Departments in Maine provide access to arrest records online (on their official site), by fax, phone, email, mail, or in person. For example, individuals can locate a person arrested in Kennebec County online through the Current Inmate List, by phone, fax, email, or in person at the Sheriff's Office. Copies of arrest records cost $0.15 per page and an additional charge of $15 per hour for extensive records. A valid photo ID is required for all arrest record requests except those processed online. In-person requests may require inquirers to schedule an appointment ahead of their visit. The Kennebec County Sheriff's Office is located at the following address:

Kennebec County Sherrif's Office

125 State Street

Augusta, ME 04330

Fax: (207) 626-6197

Email: joestpierre@kennebecso.com

Phone: (207) 623-2270 ext. 1317 or 1318

• Most City Police Departments in Maine have arrest logs (also known as police logs) where individuals can find information about an arrested person. For example, The City of Portland Police Department allows record seekers to access arrest information by providing a weekly arrest log on their website.

**Maine State Police **

The Maine State Police Bureau of Identification allows interested persons to order public arrest records online for a fee. The search parameters to use the portal are the subject's name or date of birth. This online service costs $21 for subscribers and $31 for non-subscribers, payable online by credit card, check, or money order through US Mail. The search results are typically returned within 2 hours by email. Requests requiring manual intervention may be delayed for up to 2 weeks. Eligible individuals may request arrest records by submitting a completed Investigative Record Request Form and the necessary fees by mail to:

*Maine Department of Public Safety *

*Attn: Maine State Police, Records Management Services *

*45 Commerce Drive, Suite 1 *

*42 State House Station *

Augusta, ME 04333-0042

The Federal Bureau of Investigation (FBI)

The FBI provides arrest records (Identity History Summary, criminal history, or rap sheet) to the subject of records at a fee. The fastest way to submit an arrest records request is online. An electronic fingerprint submission is typically required to complete the process. Other ways of submitting arrest record requests to the FBI are via mail, and an FBI-approved channel. Mail requesters must submit a completed Applicant Information Form alongside a Fingerprint Card and the appropriate fees to:

FBI CJIS Division – Summary Request

1000 Custer Hollow Road

Clarksburg, WV 26306

The cost for an arrest record is $18 per person. This fee is payable by credit card, money order, or certified check.

**Free Arrest Record Search in Maine **

Individuals can conduct free arrest record searches in Maine through online portals or inmate lists provided by most law enforcement offices or departments. The search criteria required to facilitate a free arrest record search are the subject's name or booking number. This free service only applies to individuals who want to view arrest records, not those who request a copy.

How Long Do Arrests Stay on Your Record in Maine?

Maine does not have an expungement statute. Therefore, arrests remain on a person's record for life unless the person obtains a governor's pardon. Individuals arrested for a crime should consider sealing their records to limit access.

**How to Seal Arrest Record in Maine **

A sealed arrest record in Maine is deemed confidential and is only open to a selected few (15 MRSA §2265). Typically, sealed arrest records are accessible to the subject of the criminal conviction, their designee, a criminal justice agency, victims, financial and professional agencies, and the Secretary of State.

Per 15 MRSA §2261(6), the only arrest records that may be sealed in Maine are for class E crimes (excluding sexual assaults). To be eligible to seal such documents, the record must meet the following statutory requirements (15 MRSA §2262):

• The age of the offender is between 18 and 27 years;
• Four years have passed since the sentence was satisfied;
• The offender has no pending state criminal charges;
• The offender has not been convicted since completing their sentence;
• After their sentence, the offender has not been dismissed for a criminal charge due to a deferred disposition.

Individuals who want to seal their arrest records must file a Motion to Seal Criminal History form with the court where the case was heard (15 MRSA §2263). Per 15 MRSA §2264, the court will schedule a hearing to determine if the individual has met all the statutory prerequisites. If all statutory prerequisites are met, the request to seal arrest records will be granted, and the requester will be given a court order. The notice of the order will also be electronically transmitted to the record custodian so amendments can be made to the requester's arrest records.

Some juvenile arrest records are automatically sealed when all case disposition requirements are met. However, other juvenile arrest records can be removed only if a petition is filed with the Juvenile Court that handled the case (I5 MRSA § 3308-C (10)). If the juvenile meets statutory prerequisites, their parent, guardian, legal custodian, or lawyer can file a Petition to Seal Juvenile Case Records (JV-043) form with the appropriate court.