Maine Public Records

How the Maine Freedom of Access Act works

Maine's Freedom of Access Act (1 M.R.S. § 400 and following; text on the Legislature's site) gives a person the right to inspect and copy any public record within a reasonable time of asking, except as another statute provides. A request does not have to be made in person or in writing (§ 408-A).

Deadlines: the agency must acknowledge a request within 5 working days and, within a reasonable time, give a good faith, nonbinding estimate of when it will comply and what it will cost. A denial must be sent in writing within 5 working days of the request, with the reason and the statute it relies on (§ 408-A, subsections 3 and 4).

Fees: inspection is free unless the record must first be compiled or converted. Copies cost no more than 10 cents per standard black and white page, with no per page fee for electronic records. The first 2 hours of staff time are free; after that the fee is no more than $25 an hour. If the estimate is over $50, the agency must tell the requester before going ahead (§ 408-A, subsections 8 and 9).

Appeals: a person who is refused may appeal within 30 calendar days of the written denial to the Superior Court for the county where the person lives or where the agency has its main office. The court may award attorney's fees if the refusal was made in bad faith (§ 409).

What you cannot get in Maine

• Confidential criminal history. Arrests with no disposition after one year and no active prosecution, decisions not to prosecute, dismissals and acquittals are confidential criminal history record information (16 M.R.S. § 703), released only to the agencies and persons listed in § 705. Conviction information is public with no time limit (§ 704).
• Police investigative records. Intelligence and investigative records are confidential when release could interfere with law enforcement proceedings, prejudice a jury, invade personal privacy or reveal a confidential source (16 M.R.S. § 804).
• Juvenile case records. They are confidential except where the juvenile code allows, and the juvenile petitions that are open may be inspected only at the courthouse (15 M.R.S. § 3308-C).
• Records made confidential by statute and records covered by a privilege recognized in court are not public records under the Act (1 M.R.S. § 402, subsection 3).
• Recent vital records. Copies go only to people with a direct and legitimate interest, such as the person, a spouse, parent or descendant. Birth records open to anyone after 75 years, deaths after 25 and marriages after 50 (22 M.R.S. § 2706).

Sealing a Maine conviction and pardons

The Maine State Police state that Maine does not expunge criminal records (State Bureau of Identification). The law offers a court order sealing certain convictions, and pardons.

• Motion to seal (15 M.R.S. § 2261 to 2269): an eligible conviction is a current or former Class E crime other than a Class E sex offense under Title 17-A, chapter 11; certain marijuana cultivation and possession crimes committed before January 30, 2017 are also eligible (§ 2261).
• Waiting period and conditions (§ 2262): at least 4 years since every part of the sentence was fully satisfied, no new conviction in Maine or elsewhere and no charge dismissed after a deferred disposition since then, and no pending charges. Separate rules cover people whose offense resulted from sex trafficking or sexual exploitation (§ 2262-B).
• Where to file: a written motion in the original criminal case, addressing each requirement. The clerk sets a hearing. The person may have a lawyer but none is appointed at state expense (§ 2263 and 2264).
• Pardon: the Governor alone grants pardons and commutations (Maine Constitution, Article V, Part First, section 11). Applications go through the Department of Corrections Pardon Board page. A full and free pardon makes the conviction confidential criminal history record information; a conditional pardon stays public.

How to get your own Maine criminal record

The Maine State Police State Bureau of Identification (SBI) keeps Maine criminal history record information. A person or the person's attorney may inspect that record and ask for corrections (16 M.R.S. § 709).

1. Request a name and date of birth check online through the SBI Criminal History Record Request service, or by mail to Maine State Police, State Bureau of Identification, 42 State House Station, Augusta, Maine 04333-0042. It returns Maine conviction and adjudication information and pending cases less than one year old.
2. Pay $31 per request (Maine InforME subscribers pay $21). A notarized report costs $10 more.
3. For a positive identification, ask for a fingerprint based check, which needs fingerprints sent directly to SBI and is answered by US mail; the fee is the same (SBI FAQ).
4. To correct an error, contact SBI in person or in writing (16 M.R.S. § 709(2)), naming the record, the correction and the reason. If not satisfied, ask the SBI Director to review it, then appeal to the Superior Court.
5. SBI office: 45 Commerce Drive, Suite 1, Augusta; phone (207) 624-7240; Monday to Friday, 8:00 am to 5:00 pm.

Maine record laws to know

• Freedom of Access Act (1 M.R.S. § 400 and following; text): requests, deadlines, fees and appeals for public records.
• Criminal History Record Information Act (16 M.R.S. § 701 to 710; § 704): which criminal history is public and who may receive confidential information.
• Intelligence and Investigative Record Information Act (16 M.R.S. § 801 and following; § 804): limits on releasing police investigative records.
• 22 M.R.S. § 2706 (text): who may get copies of birth, marriage and death records, and when they become public.