Maine Arrest Records

Arrest records serve a vital role in Maine's criminal justice process. They reveal an individual's criminal history and provide crucial details during criminal or civil court trials. Residents, citizens, and other interested parties can review these records to stay informed about how the police uphold public safety and order, and enforce the law. Depending on where the arrest occured, records may be accessible by contacting local agencies, such as the Cumberland County Sheriff's Office, the York County Sheriff Department or the Portland Police Department.

During an arrest, officers collect the individual's personal information, document a police statement from the suspect, and record their fingerprints in both a paper file and a computer database. This entire information-gathering process is known as "booking". For first-time offenders, this process creates new arrest records. For repeat offenders, officers simply add this information to their existing arrest record file.

Are Arrest Records Public in Maine?

Yes, the Maine Freedom of Access Act states that arrest records are public in Maine. Interested individuals can access, view, and copy them. The state's Criminal History Record Information Act also classifies arrest records as public criminal history records by law. This Act stipulates that information about 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 might also issue an order to make certain arrest records confidential if those particular records meet specific requirements. Some examples of confidential arrest records include:

• Juvenile arrest records, as per Section 3308-C of the Maine Juvenile Code
• Arrest records that are part of an ongoing criminal investigation
• Arrest records that are part of a criminal case where the court acquitted the individual.

Maine Arrest Statistics

The FBI Uniform Crime Reporting (UCR) database shows that law enforcement agencies in Maine made 33,609 arrests in 2023. Juveniles accounted for 5.7% of these arrests, and adults made up 94.3%. Of the total arrestees, 23,510 were male and 10,090 were female.

In 2023, simple assault, DUI, larceny, and drug-related offenses collectively accounted for over 47% of arrests in Maine.

Maine's 2023 Arrest Statistics

Find Public Arrest Records in Maine

Anyone can find public arrest records in Maine by contacting the police department or the county sheriff's office that holds the record. One can also request an individual's arrest record from the Maine Department of Public Safety as part of their criminal history record, especially for older records. Every law enforcement office allows access to arrest records by mail or walk-in requests. Generally, individuals can find arrest records in Maine through the following steps:

• Individuals should first locate the agency with custody of the record; this may involve reviewing the agency's arrest logs to confirm they performed the arrest. They may also need to contact the police department's records division to determine if the requested record meets the criteria for public access. If the arrest leads to charges and a trial, the court overseeing the prosecution may also have a free arrest record in its open docket, though the court's arrest record may contain less information.
• Individuals should then request the record and pay any associated fees. The specific law enforcement agency will determine the appropriate methods for accessing documents in their possession. For written requests (by mail or online), include essential details such as:
  • The victim's name
  • Date of birth, occurrence, and arrest
  • Case number (if available).

Requestors should also include a phone number in case the agency has any concerns or problems processing the request. Guidelines for payment can often be found on the law enforcement agency's website. A mail request typically requires payment through cash or money order, while an in-person request can be paid with either cash or a credit card.

A subpoena is a court order that demands the public release of confidential records. It proves very useful for requesting arrest records important for a legal proceeding, but the state law otherwise restricts them from public access. To obtain a subpoena for arrest records, inquirers should 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 Look Up 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 on a form when describing the records someone is looking for. Requesters should provide the time and date of the occurrence and 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.

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
• 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
• The arrest date, time, and location

It is essential to note that although Maine's Freedom of Access Act ("FOAA") permits citizens to access public records, these records may contain suppressed material due to privacy and confidentiality regulations.

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. However, unlike other states, Maine only provides a brief window to erase specific types of crimes.

Expunge an Arrest Record in Maine

In Maine, individuals 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 according to 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 is a Class E crime, as stipulated in the Maine legislature
• At least four years have elapsed since the person served their sentence
• The individual has no new conviction since they served their sentence
• The subject of the arrest record is not a convict in other states since serving the sentence for the offense
• 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. Subjects of non-conviction arrest records can file the motion at the nearest county court in the jurisdiction where the arrest took place. The Motion to Seal form may be accessible on 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 arrest record merits expungement.

Expungement of Arrest Records in Maine

According to § 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 of was committed between the ages of 18 and 21. The crime in question should typically 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 is required to petition the Secretary of State. The petition should contain information about the arrest and conviction, the arresting law enforcement agencies, and the court responsible for the conviction.

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 offices 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?

Compilations of recent arrests in Maine may be accessible through online arrest logs of various county sheriff's offices and Maine police departments. These logs may be accessible on almost all law enforcement agencies' web pages. Most of these logs are updated daily and show the details 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, Maine's arrest records may be accessible free of charge. Individuals can often find Maine arrest records for free on county sheriff websites and police department web pages throughout the state. These law enforcement websites may provide information on recent arrests. However, the information available on these official sites does not constitute official arrest records.

To obtain a more official version of these records, individuals may need to pay a small fee for copies from law enforcement agencies. While non-governmental websites also offer arrest record searches, they frequently require payment for the generated records. The process for sourcing records from these third-party websites remains consistent.