Are Maine Records Public?

Yes, Maine's records are public. The Maine Freedom of Access Act (FOAA) and the Maine Open Meetings Law grant broad access to anyone who wants to obtain records on governmental meetings, policy, or any document relating to government activities in the possession of government agencies. The FOAA guarantees accountability by granting the public access to information on government activities and decision-making to ensure trust and confidence in the state and local government leadership.

Who Can Access Maine Public Records?

Under Maine's Freedom of Access Act, public records are accessible to any interested person irrespective of nationality (these include residents, non-residents, incarcerated persons, and felons). However, notwithstanding the broad access to public records, the FOAA exempts access to records that may compromise government interests or infringe on the privacy rights of individuals. Chapter 13, Title 1 §432 of the Maine Revised Statutes restrict access to records that may:

• Compromise public security and safety.
• Impact on ongoing law enforcement investigation
• Expose privacy information
• Infringe on trade secrets rights.

Also, state or federal statutes may override access to certain Maine public records.

There are no specific eligibility criteria for accessing Maine's public records. However, requesters may ease the search processes and reduce the response time by sending their requests to the appropriate custodian agencies and being specific with their requests for records. In addition, requesters may have to pay reasonable fees to access or make copies of Maine public records.

Do I Need to State My Purpose and Use When Requesting Public Records in Maine?

The Maine Freedom of Access Act does not require an individual to state the purpose and use when requesting access to public records. Custodians of Maine's government records are under obligation to make them available to interested persons on request at reasonable times within five business days upon payment of access or copy fees (if applicable). Although the FOAA does not require individuals to state their purpose when requesting to access Maine public records, requesters must ensure that the use of the public records is ethical and respect state and federal privacy and confidentiality laws.

What Records are Public in Maine?

Under the Maine Freedom of Access Act, multiple records are accessible to the public. Per the FOAA and the Maine Open Meeting Law, interested persons may obtain information or documents relating but not limited to the following records:

• Government meetings, minutes, and agendas
• Government financial records
• Court records
• Vital Records
• Property records
• Election records
• Professional Licenses
• Government contracts
• Public employee information
• Environmental records.

Maine Public Court Records

Maine public court records are documents and files on legal proceedings within Maine's state and various county courts.

In Maine, maintaining court records is the responsibility of the:

• Maine Judicial Branch
• Office of the Clerk of County Courts
• Maine State Archives.

Maine public court records encompass documents, files, and information relating to case filings, docket entries, Judgments, orders, and trial transcripts. Maine public records are accessible to interested persons. However, the public cannot access sealed court records or those that relate to:

• Adoption
• Child Custody
• Ongoing Investigation
• Juvenile delinquency
• Mental Health
• Trade Secrets
• Grand Jury Proceedings
• Victim Information
• Confidential Information.

Maine Public Criminal Records

In Maine, criminal records refer to documents and files that comprehensively detail individuals' interactions with the state's criminal justice system. At the state level, the Maine State Bureau of Identification is the repository for records relating to criminal activities within the state. Typically, criminal records contain information on arrests, court proceedings, judgment, sentencing, and incarceration of offenders.

Maine criminal records are public. However, some types of criminal records and information are restricted. For instance, the law restricts access to sealed, expunged, and juvenile criminal records. Also, records custodian agencies may redact personally identifiable information from publicly accessible criminal records to protect individuals' privacy.

To obtain criminal records in Maine, interested persons must submit requests online, by mail, or in-person to the Maine State Bureau of Identification. Typically, a requester needs to fill out an application form, pay applicable access or copy fees, and provide information that will aid in the search for the records. Interested persons can contact the Maine State Bureau of Identification between 8.00 a.m. and 5.00 p.m. Mondays through Fridays at:

Maine State Police, State Bureau of Identification

45 Commerce Drive, Suite 1, Augusta,
ME 04333-0042
Phone: (207) 624-7240
Fax: (207) 287-3424
Email: maine.sbi@maine.gov.

Also, requesters can write to:

State Bureau of Identification
State House Station #42
Augusta,
ME 04333-0042.

Maine Public Arrest Records

Yes, Maine arrest records are generally public and accessible to interested persons. A requester must submit a formal application to the records custodians to access Maine arrest records. For instance, to obtain arrest records in the possession of the Maine State Bureau of Identification or any law enforcement agency, an interested party should make an official request to the specific agency. Also, requests to access Maine arrest records must contain detailed information that will ease the search processes (these may include the name of the owners of the records, date of arrest, and dates of birth). Also, Maine arrest records are accessible during office hours only, and the custodian agency reserves the right to redact information or deny access to arrest records that did not lead to convictions and records that are sealed from the public under Maine's laws.

Maine Public Bankruptcy Records

Bankruptcy records are official documents that detail bankruptcy case proceedings within bankruptcy courts. Within the United States, an entity may file for Chapter 7, 9, 11, 12, 13, or 15 bankruptcy under certain prevailing conditions. A typical Maine bankruptcy record documents include:

• Bankruptcy petition and Schedules
• Bankruptcy Chapter
• Debtors Information
• List of creditors
• Court Filings and Orders
• Meeting of Creditors
• Bankruptcy Trustees Report
• Reaffirmation Agreements
• Discharge of Debts
• Final Decree.

In Maine, the U.S. Bankruptcy Court for the District of Maine is the repository for bankruptcy records. To lookup Maine bankruptcy records, a requester must submit an official application to the U.S. Bankruptcy Court District Of Maine and provide information that will aid the search process (for instance, the case number or name of the debtor). Also, Maine bankrupt records are accessible through PACER (Public Access to Court Electronic Records).

To access Maine bankruptcy records through PACER, requesters must create accounts and pay access fees. For in-person access to Maine bankruptcy records, contact the U.S. Bankruptcy Court for the District of Maine at:

U.S. Bankruptcy Court
Edward T. Gignoux U.S. Courthouse
202 Harlow Street
Bangor,
ME 04401
Phone: (207) 945-0348

Maine Public Birth Records

Maine public birth records refer to official documents containing information on the birth of individuals within the state of Maine. A typical Maine birth record information includes:

• Full birth name of the owner of the record
• Date of birth
• Place of birth
• Parents information (these may include full names, date and place of birth, occupations, addresses, and maiden names)
• Birth certificate number
• Witnesses or Attendants
• Registration information
• Annotations to the records (if any).

The Division of Data, Research, and Vital Statistics of the Maine Department of Health and Human Services (DHHS) is responsible for Maine birth records.

In Maine, birth records are not public. Although the public can access basic information, such as name, date, and place of birth, to access a complete birth record, a requester must be the owner of the records, a direct relative to the owner, or a person with tangible interest. To access birth records in Maine, a requester must fulfill the following eligibility criteria:

• Proof of relationships to the owners of the records
• Show valid identification (this may be a passport, driver's license, or a state-issued ID)
• State the reason for the records request
• Provide evidence of legal authorization (a court order).

To protect the privacy of birth records owners, Maine laws imposed a time-based restriction of 75-100 years on accessing birth records in the state. In addition, Maine birth records custodians are mandated to implement security measures to ensure that ineligible individuals do not access birth records. To obtain Maine public birth records, log in to the DHHS website, call, or visit the Vital Statistics office at:

Division of Data, Research, and Vital Statistics
220 Capitol Street
11 State House Station
Augusta,
Maine 04333-0011
Phone: (207) 287-1919
Toll Free: (888) 664-9491.

Maine Public Death Records

Maine public death records refer to documents that contain details of persons' deaths within the state. Typically, a death record information includes the following information about the deceased:

• Full name of the deceased
• Date and place of death
• Date of birth
• Age at the time of death
• Sex
• Marital status
• Residence address
• Occupation
• Cause of death
• Parents names
• Informant information (this relates to the individual who provided the information on the death record)
• Information on the disposition of the body.

In Maine, the Maine Department of Health and Human Services Division of Data, Research, and Vital Statistics is the custodian agency for death records. Maine death records are confidential. However, they are publicly accessible after 25 years from the date of death of the owners of the records. To obtain a copy of a death record in Maine, a requester must be:

• A family member
• A legal representative of the deceased or family members
• Genealogical researcher conducting research
• A person with direct and legitimate interests.

Access to Maine birth records must comply with state and federal laws to protect the privacy of the deceased persons’ families.

Maine Public Marriage Records

Maine marriage records detail civil unions within the state. Marriage records information includes:

• Full names of the couple
• Date and place of marriage
• Ages and dates of birth of the owners of the record at the time of marriage
• Residence addresses of both parties before the marriage
• Occupation of the couple before the marriage
• The name of the parents of the owners of the record
• Names of the witnesses to the marriage
• Marital status of the couple before the marriage (this relates to any previous marriage)
• The marriage officiant's information.

The DHHS Division of Data, Research, and Vital Statistics is the custodian agency for Maine’s marriage records. To obtain Maine marriage records, a requester needs to show proof of identity (for certified copies) and may have to state reasons for requesting access. In addition, accessing Maine marriage records involves fee payments. To protect the privacy of the owners of marriage records in Maine, the records custodian verifies the requesters' identities and ensures that unauthorized persons do not access records.

Maine Public Divorce Records

Maine public divorce records contain information on the termination of marriages within Maine State. A typical divorce record information includes:

• Names of the divorced couple
• Date and place of divorce
• Reason for divorce
• Child Custody and Support (if applicable)
• Spousal Support
• Property division
• Legal representation of the divorcees
• Restraining or Protective Orders (if applicable
• Details of divorce decree.

To access Maine divorce records:

• Visit the Maine Department of Human and Health Services website and navigate to the Vital Records Ordering Page
  • Click the affiliated third-party records ordering link and use a credit card to order Maine divorce records
• Identify the specific Maine court that issued the divorce decree
  • Contact the clerk's office online, through calls, email, or in-person visits and request access to divorce records
  • Provide the necessary information to locate the records
  • Show proof of identity
  • Pay all applicable fees
  • Wait for the clerk's office to process the records.

To address privacy concerns, requesters may need to prove eligibility to access Maine divorce records. In addition, there may be restrictions on access to information on some Maine divorce records. For instance, financial information, details relating to minor children, property division, child custody, and alimony may be exempt from public scrutiny.

Maine Public Inmate Records

Maine public inmate records contain information relating to individuals incarcerated in the various state and local correctional facilities within Maine State. In Maine, public inmate records are accessible to individuals interested in information on persons held at the various correctional facilities within the state. To lookup Maine inmate records, a requester must:

• Provide valid identification
• State purpose for accessing records
• Fill out a request form specific to the correctional facility where the person in question is incarcerated
• Pay any applicable fees for accessing inmate records in Maine (these may be access or copy fees)
• Have legal authorization to access records if it is on behalf of someone else
• Comply with Maine's law concerning the privacy of records owners' information.

The Maine Department of Corrections (MDOC) is the custodian agency for inmate records in Maine State. Typically, an inmate record information includes:

• Inmate's personal information
• Booking details
• Mugshots
• Name and location of the correctional facility where the inmate is imprisoned
• The inmate's identification number
• The inmate's legal status (this may include court dates, judgment, and sentencing)
• Custody status. For example, is the inmate serving a sentence, awaiting trial, or waiting for a transfer to another facility
• Inmate's disciplinary records
• Release details, parole eligibility, or any information attached to the record
• Medical and mental health records.

Maine inmate records are public. However, state or federal laws may restrict public access to some information. For instance, inmates' medical and mental health records and Social Security Numbers are exempt from public access. To obtain Maine public inmate records, call, fax, or visit the Maine Department of Corrections at:

Maine Department of Corrections Central Office

25 Tyson Drive 3rd floor
State House Station 111
Augusta, Maine 04333-0111
Phone: (207) 287-2711
Fax: (207) 287-4370

Maine Public Sex Offender Information

Maine sex offender information provides data on persons who have committed sex-related offenses in Maine and are required to register as sex offenders. In Maine, sex offender information is publicly accessible to interested persons. The information available on the sex offender registry includes but may not be limited to

• Personal information of the offender (these include full name, aliases, age, gender, and race)
• Photograph of the offender
• Physical description of the offender
• Offender's work and school information
• Details of the offense committed by the offender
• Vehicle information
• Registration Status
• Risk level assessment.

To access sex offender information in Maine

• Log in to the State Bureau of Identification Page on the Maine State Police website.
• Scroll down and click the link to the Maine Sex Offender Registry (SOR)
• Use names of individuals, cities/towns, or zip codes to look for sex offender's information.

Having access to information on sex criminals is crucial to the safety of the residents. However, it is important to use information responsibly. Requesters should obtain accurate and up-to-date information from official sources. Also, the use and dissemination of sex offenders' information must be within the limits allowable by law.

Maine Public Property Records

Property records are official documents that contain information on real estate properties. Typically, property records information include:

• Property ownership information
• Property Description
• Property value and taxes
• Liens and Encumbrances
• Transaction History
• Zoning information
• Plat and Maps
• Deeds
• Parcel Number
• Property sales history.

In Maine, keeping property records is the responsibility of local government agencies (these include county recorders, assessors, and clerks' offices).

The following tips may help in accessing property records in Maine:

• Identify the Maine County where the property is located
• Visit the county's Registry of Deeds website and access their database if available (links to some Maine counties' Registry of Deeds website addresses are available through the Maine Revenue Service website)
• Request to access the property records through mail or visit the appropriate office in person if the property records are not available online
• Search for property records online through third-party websites. Some private online databases may have access to Maine property records.

When seeking Maine property records, note that some information may be restricted. For instance, records custodian agencies may redact the personal information of the property owners. Also, there may be limitations to information available online. In addition, access to Maine property records may involve payments that vary across counties.

What is Exempted Under the Maine Public Records Act?

Maine Public Records Act promulgates state and local government activities to the public to ensure transparency and accountability by making public records accessible to interested persons. However, some documents and information are not publicly accessible for security and privacy reasons. The table below provides an insight into some records exempt from public scrutiny under the Maine Freedom of Access Act.

Suppose a record’s custodian agency denies a requester access to an exempted Maine property records, and there are reasons to believe it is a wrong decision. In that case, the following steps outline the procedures to challenge the exemption:

• Request a written explanation for the reason for the denial
• Contact the agency and seek clarification or an informal resolution to the issue
• File an appeal with the agency if the issue cannot be resolved informally. In Maine, custodian agencies are required to respond to appeals within five business days.
• Seek Assistance from the Maine Public Access Ombudsman if the agency does not rescind the denial.
• File a lawsuit in the Superior Court if the Ombudsman's Office could not resolve the issue. If the Superior Court determines that the records were wrongly withheld, it will order the agency to release them to the requester.

How Do I Find Public Records in Maine?

There are several ways to find public records in Maine. Public records are accessible online and offline through government and third-party repositories. To find public records in Maine:

• Log to the record's custodian agency's website (usually, these are government websites) and use available online search tools to access the records
• Search for Maine public records online on third-party databases. Some private websites gather public records from various sources and make them available to interested persons
• Visit the Maine State Archives website and search for information on specific public records.
• Look for public records through local libraries, notice boards, or News sites.

To perform an effective and efficient search for Maine public records:

• Understand the Maine Public Records Act to know what records are publicly accessible
• Determine if the records are available online
• Use online resources available on state and local government records repositories. Some websites have advanced features that can narrow results and reduce time on record searches. Also, use keywords and search filters to ease the search process.
• Search for records through multiple sources, such as government and third-party websites, and confirm the accuracy and completeness of information.
• Document the details of the records search process (including dates, repositories, and search terms used to seek out the records for future reference)
• Review the records and redact information that may breach privacy laws.

Also, requesters can visit the records custodian agency in person and request access to specific records.

Can I Find Free Public Records in Maine Using Third-Party Sites?

Yes, Maine public records may be available for free through third-party websites. Some private websites may offer access to certain types of Maine public records. For instance, property, criminal, vital, and business records may be available on third-party databases. Using third-party online resources to find Maine public records saves cost and time on records search. However, seeking public records from non-government sources may expose individuals to data breaches and incomplete or outdated information.

How Much Do Public Records Cost in Maine?

The cost of accessing Maine public records depends on the type of records and how a requester accesses them. Typically, accessing Maine public may involve the fee payments:

• Copying fees: custodian agencies may charge per-page fees for copies of records in their possession. Also, requesters may have to pay additional fees if they require certified copies of public documents
• Search and Retrieval fees to cover the costs for resources and time expended in the search for the records
• Online access fees: some websites may require requesters to register or create accounts to access records, and these may require fee payments
• Special Services fees: these fees may apply if the requester requests expedited processing of the records or customized reports.

Per the Maine Freedom of Access Act, public records custodian agencies may charge the following fees for copying records in their possessions:

• 10¢ per page for a standard 8 1/2 inches by 11 inches black and white copy of a record
• Not more than $25 per hour after 2 hours of searching, retrieving, and compiling records (the first 2 hours are charge-free).

In addition, a Maine public records custodian agency should give an estimate of the cost of processing a request for a record and inform the requester if it exceeds $50.00. Also, if the costs for retrieving, copying, or compiling a record exceed $100.00, a requester must pay part of the costs before processing begins. Requesters for Maine public records may be eligible for a fee waiver if they are indigent or the request is for public interests.

What Happens if I Am Refused a Public Records Request?

The Maine Freedom of Access Act mandates public access to government records. However, public records custodian agencies may deny access if:

• The records are barred from public access by law
• Access to the records breach of privacy laws
• The records relate to an ongoing law enforcement investigation
• The records contain legal privilege information
• Public access to the records poses security and safety concerns
• The records are trade secrets and Proprietary Information
• Searching for the records imposes a burden or disproportionate effort on the record's custodian
• The agency is not in possession
• Withholding the records is in the public interest
• Searching for the records violates other laws.

Under the Maine Freedom of Access Act, an individual can challenge a denial of access to public records. The steps are a guide on the appeal process to challenge access to public records refusal in Maine:

• Request a written explanation from the records custodian on the reasons for access denial
• Contact the agency and seek an informal resolvent to the issue
• File a formal written appeal to the head of the agency within 30 days of the denial if informal talks do not resolve the issue. Provide evidence and reasons why they should allow access to the records.
• Wait for the agency’s response (typically, they should respond within five working days)
• If the appeal is unsuccessful, seek assistance from the Maine Public Access Ombudsman. The ombudsman may mediate or provide advice on how to resolve the issue.
• File a lawsuit at the Superior Court if the outcome of the ombudsman intervention is not satisfactory. The Superior will order the agency to release the records if the lawsuit is successful.

Requesters can seek alternative sources for records if one agency denies access to records if the information is available through other agencies or offices. In addition to legal considerations, they can seek help from public advocacy groups, civil liberty organizations, community members, or media houses.