Maine Criminal Court Records

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    Maine criminal court records capture the full story of a case from the moment charges are filed through the court's final judgment. These records include motions, trial transcripts, judgments, sentencing orders, evidence, and subpoenas. The availability of these records ensures that due process is maintained; it also promotes transparency in the state's justice system.

    The Montana District & Superior Courts, the principal trial courts, are the official custodians of Maine criminal court records. Access is governed by Maine laws and court rules, which aim to strike a balance between the public's right to information and individual privacy rights.

    Are Criminal Court Records Public in Maine?

    Yes. Criminal court records are presumptively open to the public in Maine per judicial policy, such as Administrative Order JB-20-03, unless prohibited by law or court order. In other words, the public can examine or copy any criminal court record held by the Maine courts, except for records deemed exempt.

    For example, juvenile records, sensitive personal information (e.g., Social Security numbers), and sealed/expunged records are not publicly disseminated. Confidential case information is typically only accessible to the parties involved, their legal representatives, or court personnel.

    What Criminal Court Records Contain in Maine

    Maine criminal court records contain the following information:

    • Defendant's name
    • Filing date
    • Case number
    • Charges
    • Motions
    • Hearing schedules
    • Court/judicial rulings
    • Trial verdicts
    • Sentencing orders
    • Appeal notices

    Confidential data is excluded from public access.

    Maine Criminal Court Records Search

    Accessing Maine criminal court records requires a formal request submitted in person or to the relevant court clerk's office. Members of the public also have access through the Maine eCourts system, a state-controlled resource that provides users with access to criminal case dockets by filing date, case number, and party name. Criminal cases not integrated into the eCourts system are maintained at the county level and are accessible via eAccess platforms available at various local or district courthouses. For much older or restricted files, individuals can access the Maine criminal court records by making an in-person visit to the clerk's office of the courthouse where the case was filed.

    Fees are usually charged by the court to obtain certified documents or copies of official records. Per Administrative Order JB-05-26 (A. 5-25), a fee of $2 is typically charged for the first page of a record and $1 for each subsequent page viewed. A $5 fee applies for attestation when a certified copy is requested.

    Free Access to Criminal Court Records in Maine

    Maine has several channels that allow users to access criminal court case information without incurring fees. Individuals can access records at no cost via the Maine eCourts system. Free access to Maine criminal records is also accessible via public access terminals located at various courthouses.

    While access to case information is free in Maine, certain documents, such as certified copies, older non-digitized cases, and supporting exhibits, require a fee. However, the Maine courts include provisions for fee waivers in specific situations, such as for parties involved in a case (plaintiff/defendant) and for indigent applicants. These exemptions aim to ensure that individuals are not prevented from accessing essential public court records due to financial hardship.

    Sealing and Expungement of Criminal Court Records in Maine

    Sealing and expungement are two distinct legal remedies provided to criminal defendants. Sealing a record makes it confidential and removes it from public view, meaning it will not appear in standard background checks unless unsealed. However, expungement involves the complete removal of arrests, charges, or convictions from an individual's record, but it is not an option for criminal defendants in Maine.

    Sealing Maine criminal court records offers significant benefits, lessening the impact of past offenses or convictions on housing, employment, and other opportunities. Eligibility for these legal remedies is determined by the offense type, case outcome, and mandated waiting periods.

    How to Seal Criminal Court Records in Maine

    In Maine, criminal court records are not automatically sealed. Instead, they undergo specific legal procedures before they can be sealed. To initiate this process, an individual must meet state eligibility requirements, including completing a minimum four-year waiting period and fulfilling all sentences related to the offense (such as imprisonment, fines, probation, or community service). Additionally, the petitioner must not have had any cases dismissed due to a deferred disposition and must have no outstanding criminal charges after completing prior sentences.

    To seal a criminal record, applicants must file a Motion to Seal Criminal History (CR-218) with the court clerk's office where the case originated, provided all eligibility criteria have been met. The petition must also be served on the prosecutor, who has the option to object or respond. Generally, the court schedules a hearing to assess the petition. During this hearing, the petitioner must prove, with a "preponderance of evidence," that all statutory requirements have been satisfied.

    If a petition to seal a criminal record is granted, the judge will issue a sealing order, restricting public access to the records. The court will send this sealing notice to the State Bureau of Identification (SBI), which will then seal the conviction and notify the individual. While a filing fee and a certificate cost are usually applicable, fee waivers are often available for indigent petitioners, as permitted under Maine court rules.

    How to Expunge a Criminal Record in Maine

    In Maine, expungement is not available for criminal records. However, a state pardon offers a similar outcome. A pardon, a formal act of clemency from the Governor, does not erase a criminal record but absolves the defendant of the conviction's legal implications. This remedy is rare and does not apply to all offenses, such as crimes affecting firearm privileges, operating under the influence (OUI), or those on the sex offender registry.

    Once the eligibility status is determined (i.e., five years after the prior conviction), the individual is required to submit a formal application. Following this, interviews/hearings are scheduled with the Pardon Board, during which the legal grounds for the pardon are stated. If a pardon is granted, the specific record will be classified as ''confidential,'' not ''expunged.'' Certification charges and application fees usually apply, but a fee waiver exists for indigent applicants.

    Criminal Records in Maine vs Court Records

    Criminal records and court records are terms that cannot be used interchangeably in Maine, as both refer to distinct record types prepared by separate agencies that serve different purposes. However, both records play complementary roles in maintaining Maine's criminal justice record-keeping system.

    Criminal records are comprehensive statewide histories maintained by law enforcement agencies and the Maine State Bureau of Identification. They document an individual's history of interactions with the criminal justice system, including charges, arrests, indictments, convictions, incarcerations, and probation. By contrast, court records refer to the judicial case files generated in connection with a case, whether criminal or civil.

    Requesting a Maine Criminal History Record

    Official criminal history records in Maine are maintained by the State's Bureau of Identification, which is a division of the Maine State Police, Department of Public Safety. The SBI serves as the central repository for criminal history data.

    Under Maine law, access to another person's complete criminal records is restricted to authorized parties, including licensing boards, certain employers, and law enforcement agencies. However, individuals can obtain their own comprehensive records by completing an application, providing a means of identification, and paying the SBI's processing fee.

    How to Request a Maine State Background Check

    Members of the public can request criminal histories (or background checks) via the SBI online portal for a fee (($31; $21 for inforME subscribers in Maine). This search is usually conducted using personal identifiers such as the requester's name and date of birth, and most search results are returned within two hours via email. Results that require manual intervention may be delayed by up to two weeks. After this period, the requester may contact the SBI. It should be noted that the portal only releases information about crimes for which an individual has been convicted as an adult and felonies for which they were adjudicated as a juvenile.

    The State Bureau of Identification also provides fingerprint checks to qualified persons for a fee (same as the fee for a name-based check). To perform a check, interested individuals must complete the designated request form and submit their fingerprints electronically, either through authorized vendors or via standard fingerprint cards. The use of fingerprints as a form of identification is crucial to ensure accuracy and eliminate mistakes that arise from mistaken identity. Results are sent directly to the requesters or authorized agency.

    Active vs Archived Criminal Cases in Maine

    Active criminal cases in Maine refer to current proceedings before the court and are typically found on court calendars and online portals, such as the Maine eCourts.

    Archived cases, on the other hand, refer to older records that have exceeded the court's Records Retention Schedule and have been transferred to state archives. In some cases, these records are destroyed. A written request to the clerk's office may be required to access archived documents, and additional processing time may be necessary.