Maine Arrest Records

In Maine, if someone is accused of breaking the law, they are either placed under arrest, and if there is enough evidence to establish probable cause, or they are detained for a short period to be questioned and answer questions. Detainment is less formal and less severe than arrest.

During the process of arresting an individual, their personal information is taken, a police statement from the suspect is documented, and their fingerprints are recorded in a paper file and a computer database. The process of collecting all this information is known as "booking," during this process, arrest records are created for first-time offenders. For repeat offenders, this information is simply added to their previous arrest record file.

Arrest records are vital to the criminal justice process in Maine. They show a person's criminal history and reveal important details during a criminal or civil court trial. Residents, citizens, and other interested parties can review arrest records to stay informed about the police's actions in upholding public safety and order or enforcing the law.

The latest data from the Maine Department of Public Safety shows that in 2022, there were 31259 arrests made in Maine, with 6% of all arrestees being juveniles (persons below 18), while adults made up 94% of arrests. The records showed 5112 arrests for crimes against persons, which comprised 16.3% of the total number of arrests. This category of crimes covers simple assault (3564), intimidation(890), aggravated assault(474), rape (54), fondling(72), and others. The number of arrests for crimes against property was 6071, which comprised 16.4% of the total arrests. This category of crimes includes larceny (2424), shoplifting (1376), vandalism (872), motor theft (276), and other similar crimes. Crimes against society made up only 9% of total arrests, and this consists of Drug/Narcotic Violations (2,610 ), Weapon Law Violations (121), Drug Equipment Violations (46), and Pornography/Obscene Material (28 ). Diving-related crimes comprised 11% of total arrests, with 4510 arrests made.

Are Arrest Records Public in Maine?

Yes, the Maine Freedom of Access Act states that arrest records are public records in Maine and can be accessed by interested members of the public who want to search, view, and make copies of them. Arrest records are also classified as criminal history records per the state's Criminal History Record Information Act and are made public by law. The Act stipulates that information on an individual's formal involvement in the criminal justice system as an accused or convicted offender, including arrests, charges, and sentences served, is all public information.

However, the same law exempts specific categories of arrest records from public access. A court order might also be initiated to make certain arrest records confidential if the particular records meet specific requirements. Some examples of arrest records that are confidential include

• Juvenile arrest records per §3308-C of the Maine Juvenile Code
• Arrest records that are part of an ongoing criminal investigation
• Arrest records that a part of a criminal case where the individual was acquitted

What is Included in Maine Arrest Records?

The following specific information is included in a Maine arrest record:

• The details of the arrested individual, such as name, birth year, place of residence, and, if applicable, employment;
• A physical description of the arrested individual(height,weight,sex, visible tattoos,race)
• The legal description of the offense or offenses for which someone was placed under arrest, together with the time and place of the alleged offense
• the arrest's date, time, and location
• The arrest's circumstances, such as any applicable use of physical force, resistance to the arrest, the presence of any weapon
• Information on any warrant of arrest

It is essential to note that although Maine's rules (known as "FOAA") permit citizens to access public records, records may contain suppressed material due to privacy and confidentiality regulations.

Find Public Arrest Records in Maine

Anyone can find public arrest records in Maine by contacting the police department or county sheriff's office in charge of that record. A person's arrest record may also be requested from the Maine Department of Public Safety as part of an individual's criminal history record. This is especially possible for older arrest records. Every law enforcement office allows requests for arrest records through in-person mail. Generally a person can find arrest records in Maine through the following steps:

• Locate the agency that has the record in their custody: This may involve looking through the agency arrest logs to make sure they performed the arrest. A person may also need to contact the record division of the police department to find out if the required record meets the criteria to be made public. If the arrest leads to charges and a trial, the court in charge of the prosecution may also have a free arrest record in their open docket, although the court's arrest record may have less information.
• Make a request for the record and pay the associated fees: The law enforcement agency will determine how a request can be made. For a request in writing (through mail or online), it is important that the request contains certain details, including the victim's name, date of birth, the date of the occurrence, the date of the arrest, and the case number (if available). Requestors are required to include a phone number in case there are any concerns or problems with the request's processing. Guidelines on payment for the required record can often be found on the law enforcement website. A mail request will usually be paid through cash and money order, while an in-personal request can be paid with either cash or a credit card.

A subpoena is a court order that demands that confidential records be made public. A subpoena is very useful for requesting arrest records that are important for a legal proceeding but cannot be made public by state law. To obtain a subpoena for arrest records, inquirers must apply through the county court in the jurisdiction where the arrest occurred. The clerk will provide the subpoena document and assist individuals in completing a request as per M.R. Civ. P. 45 of Maine court rules.

How to Lookup Arrest Records Online in Maine

There are several options for looking up arrest records online in Maine. Inquirers may look through police department arrest records databases and county sheriff online arrest lists in the jurisdiction where a person was arrested. Police departments in Maine also allow individuals to make online requests for arrest records that can be delivered through Email within an average of 5 working days. For example, the Auburn police department allows online requests for arrest records for interested persons; individuals can simply complete the online request form with information about the arrest.

Requests should be as specific as possible when describing the records someone is looking for on a request form, including providing the time and date of the occurrence as well as the names of those involved. When someone cannot locate a particular record, several agencies will allow a search based on the records' subject matter and period.

Third-party resources provide another viable option for Maine's online arrest records lookup. A third-party database is a non-governmental body that provides arrest records as a service. Some of these sources work officially with law enforcement to manage all their documents and provide the records to members of the public for a fee. Others collect data from government sources and place them into a single repository for people to search for records. A search on these websites can be done using a person's name on the record. Most third-party databases are not free to use. Users will either pay a one-time fee or a monthly subscription fee.

How Long Do Arrests Stay on Your Record in Maine?

In Maine, an arrest record remains indefinitely on an individual's criminal record. Nonetheless, there is a mechanism for an individual to restrict who can view their criminal history. This procedure is called "sealing". Eligible persons can petition the court to seal their records after a stipulated time. Expungement may also restrict access to arrest and other criminal records. Nevertheless, unlike other states, Maine only provides a brief window to erasure specific types of crimes.

Expunge an Arrest Record in Maine

Individuals in Maine have a choice to expunge or seal their arrest records. Expungement laws are relatively new because in the past, Maine had no option for expunging criminal records. However, new laws have been passed to allow specific categories of criminal records to be cleared from the record.

Sealing of Arrest Records in Maine

Arrest records in Maine are sealed as per Title 15, Chapter 310-A of the Maine revised statutes. This law permits the sealing of arrest records if the convicted individual meets the following prerequisites.

• The crime to be expunged must be a class E crime as stipulated in the Maine legislature.
• At least four years have passed since the person has served their sentence.
• The individual has not been convicted of a crime since they served their sentence.
• The individual in the arrest record has not been arrested or convicted in another state since they served their sentence.
• The person in the record committed the crime when they were less than 28 years of age.

Eligible individuals can file a motion to have their records sealed at the county courts where they were convicted. For non-conviction arrest records, they can simply file the motion at the nearest county court in the jurisdiction where the arrest took place. The motion to seal form can be obtained from the Maine judicial branch website. The motion should state that the individual meets the criteria to have their records sealed and should include information on the Particular arrest record that they want to seal. The court will fix a hearing date to determine if the motion will be acknowledged.

Expungement of Arrest Records in Maine

Per § 2168 of the Maine legislature, a person is eligible for expungement of arrest records and other criminal records if they have only one conviction and the crime they were convicted for was committed between the ages of 18 and 21. The crime in question must be a class E or class D crime, as stipulated by the Maine legislature.

An expunged arrest record in Maine is considered to have never been recorded, and the individual who was arrested and found guilty is considered never to have been arrested or found guilty of the offense.

To file for expungement in Maine, an eligible individual must write a petition to the Secretary of State. The petition must include the relevant facts on the arrest and conviction, as well as the law enforcement organization and courts participating in the legal proceedings.

After receiving a petition to expunge an arrest record that satisfies all requirements, the Secretary of State will promptly notify all law enforcement agencies, licensing or regulatory bodies, courts, correctional facilities, and any other organizations and officers involved in the initial arrest and conviction that gave rise to the record, or who have the record, of the need to remove the records from their database.

How Do I Find Recent Arrests in Maine?

A compilation of recent arrests in Maine can be found on arrest logs maintained by county sheriff's offices and Maine police departments. These logs can be found on almost all law enforcement agencies' web pages. Most of these logs are updated daily and show the personal information of persons arrested in the state. Some examples are the Maine Department of Public Safety's daily arrest logs and the city of Portland's weekly arrest logs.

Are Maine Arrest Records Free?

Yes, persons can find arrest records for free on county sheriff websites and police department web pages in the state. Requestors may be able to view recent arrests and information on arrests on law enforcement websites for free.; however, the information found on these sites, from official courses, cannot be classified as official arrest records. To obtain a more official version of the records, requestors may pay a small fee to obtain copies from law enforcement. It is possible to look for information on non-governmental websites for free, but the generated records frequently need payment. The process is the same when sourcing records from these third-party websites.