Search Maine Arrest Records Online

What is Considered an Arrest in Maine?
Are Arrest Records Public in Maine?
What are the Types of Arrest Records in Maine?
How Long Do Arrests Stay on the Record in Maine?
How To Seal or Expunge an Arrest Record in Maine?

What is Considered an Arrest in Maine?

Per Section 407 of Chapter 5 of the Maine Revised Statutes, an arrest is generally the restraint of a person by an order directing the individual to remain within certain specified limits, and that is not imposed as a punishment for an offense. Maine laws typically permit both warrant arrests and warrantless arrests. While a law enforcement officer may make a warrant or warrantless arrest, private citizens may make a warrantless arrest in specific circumstances listed under Section 16 of Title 17-A of the Maine Revised Statutes. Warrantless arrests by law enforcement officers are authorized under Section 704 of Title 15 of the state statutes.

Arrests may be made in Maine for a wide range of offenses, typically including:

Assault
Aggravated Assault
Arson
Burglary
Criminal threatening
Criminal trespass
Drug-related crimes
Escape
Felony murder
Forgery
Fraud
Gross sexual assault
Kidnapping
Manslaughter
Murder
Perjury
Reckless conduct
Robbery
Stalking
Terrorism
Theft
Unlawful sexual conduct

Maine arrest laws provide the guidelines for lawful arrests. The following elements must be present for an arrest to be lawful in the state:

Custody and Control: During an arrest, the arresting officer controls the suspect, restricting their freedom of movement. The suspect may then be said to be in the custody of the law enforcement officer.
Legal Authority: Maine arrest laws, contained in Chapter 17-A of the state's statutes, provide the legal grounds for arrests. They give law enforcement officers and private citizens the authority to arrest individuals based on warrants or probable cause. Probable cause exists when the facts and circumstances within the officer's knowledge may cause a reasonable person to believe that a crime has been, is being, or will be committed.
Miranda Rights: Although Miranda rights may not be read to suspects at the point of arrest, arrestees must be informed of their rights under the Miranda provision before custodial interrogation. Miranda's rights include the right to remain silent, which means anything said can and will be used against them in a court of law, and the right to an attorney; the court will appoint an attorney if the arrestee cannot afford one.
Restraint and Transport: To prevent an arrestee from escaping, the arresting officer will use restraints to secure the suspect. Restraint may involve handcuffs to prevent the arrestee from harming themselves, the officer, and other members of the public. After, the arresting officer will be conveyed to a detention center or police station.
Booking Process: Booking is a process whereby an arrestee's information is collected upon arriving at the local police station or detention center. The information collected typically includes names, fingerprints, and mugshots. Any personal items on the arrestee will also be confiscated during this process.

Arrest and detention are two legal actions that Maine law enforcement officers may take against someone suspected of being involved in a crime. While both terms are sometimes used interchangeably, they serve different purposes. Detention is based on reasonable suspicion that an individual may be engaged in an illegal activity. In detention, there is no sufficient proof or probable cause to believe the individual is involved in a crime. Hence, the individual is held temporarily and questioned by law enforcement to obtain more information. If probable cause cannot be established, the suspect will be released. On the contrary, arrest demands probable cause, and the suspect arrested will be held till they are granted bail if applicable. In an arrest, the suspect will be read Miranda rights before interrogation and will be charged with a crime: neither of these elements is present in detention matters.

What is Unlawful Arrest in Maine?

An unlawful arrest generally occurs when a law enforcement officer or private individual fails to comply with the requirements and procedures of the arrest process in Maine. Some factors that may render an arrest unlawful in Maine include:

Lack of Probable Cause: Probable cause is required for any arrest made in Maine. If an arrest occurs without sufficient proof within the arresting officer's knowledge that may lead a reasonable individual to believe an offense has been committed, the arrest may be ruled unlawful.
Arrest Without a Warrant: A warrant is typically required to make an arrest, except when an officer witnesses a crime or has probable cause to believe serious offenses have been committed. If an arrest is made without a warrant outside the authorized circumstances, it may be considered unlawful.
Violation of Constitutional Rights: Arrests may be considered unlawful if they violate the constitutional rights of the persons arrested under the United States Fourth and Fifth Amendments. These Amendments protect the rights of United States citizens from unreasonable seizures, searches, and self-incrimination.
Racial Profiling and Discrimination: Discriminating against a person due to their nationality or religion may be considered racial profiling. An arrest based on discrimination factors and not credible evidence may be regarded as unlawful.
Procedural Violations: Any arrest made in Maine must follow established procedures. If an arrest contravenes these procedures, such as when the arresting officer fails to inform the arrestee of their Miranda rights before custodial interrogation or uses excessive force when not required, the arrest may be deemed unlawful.
Mistaken Identity: An unlawful arrest may occur due to a case of mistaken identity, such as when a law enforcement officer incorrectly arrests an individual due to a semblance with the actual offender. If you were falsely identified and arrested as the offender in a crime, the arrest may be deemed unlawful.
Arrest Outside Jurisdiction: Although Section 705 of the Maine Criminal Code allows arrests to be made outside an arresting officer's county in certain instances, arrests made outside the jurisdiction of an arresting agency without requisite authorization may cause the arrest to be invalid.

Unlawful arrests in Maine may have serious consequences. For instance, evidence collected in custody during an unlawful arrest may be excluded from use in a trial. Per federal law, evidence gathered in violation of a person's constitutional rights may not be admitted in court. Also, if a person is unlawfully arrested for a mistaken identity, the charges may be dropped, and the case dismissed in court. Additionally, a person unlawfully arrested may file a civil rights lawsuit against the arresting officer or agency. Per 42 U.S.C. § 1983, the unlawfully arrested individual may be able to get compensation in the form of monetary damages.

Are Arrest Records Public in Maine?

Arrest records in Maine are open records under the state's Freedom of Access Act (FOAA). FOAA governs access to the records of the Maine government, allowing members of the public to make inspection or copying requests for such records. However, the law also provides for access restriction to specific records. If you request to access a public arrest record in Maine, you may expect to access the following information:

The name, date of birth, and the occupation of the arrestee
The sex, height, weight, and race of the arrestee
The date and location of the arrest
The specific charges filed against the arrestee
Bail information

Although some states prevent access to mugshots to protect individuals from discrimination and stigmatization, having an arrest image in the public may attract, Maine provides access to booking photos. Therefore, if you want access to a mugshot in the state, you will be able to access it as part of a publicly accessible arrest record, when available.

Sensitive information that may be redacted includes information necessary to protect the integrity of ongoing investigations or legal proceedings, juvenile arrest records, and sealed arrest information. Personally identifiable information typically such as Social Security numbers and medical information may also be inaccessible to the public.

What are the Types of Arrest Records in Maine?

You may find arrest records at two levels in the state: county and state levels. Law enforcement agencies maintain these records, but the depth of information contained in the records maintained by both levels differs.

Arrest records maintained at the county level are kept by local law enforcement agencies, such as county sheriff's offices and local police departments. Note that the records that may be found at this level are only for the arrests made by law enforcement officers in that jurisdiction. These records do not completely reflect the entire arrest history or criminal records of the persons named on the records.

At the state level, the State Bureau of Identification (SBI) maintains criminal history records for individuals with state criminal records. These records are a compilation of all arrest information created by local law enforcement agencies and interactions with the criminal justice system in the state, including Maine courts. Hence, the SBI reports have more information on their records than those maintained at the county level.

Where are Arrest Records Kept in Maine?

The following agencies generally maintain arrest records in Maine:

Local County and Law Enforcement Agencies: Local police departments and county sheriff's offices across Maine keep records of arrests within their jurisdiction.
Maine State Police: The State Bureau of Identification (SBI) of the Maine State Police serves as the central repository for information on criminal history records in Maine. Individuals or entities seeking access to a person's criminal record typically submit their queries to the SBI. When a law enforcement agency conducts the query, they may obtain both confidential and public information, as police departments are among the limited entities authorized to access confidential criminal records. However, when a request is made by a member of the general public, only publicly available information is disclosed.
Maine Courts: Maine courts maintain arrest information for incidents that result in legal proceedings. These records are maintained as part of court record data.
FBI: At the federal level, law enforcement agencies, such as the Federal Bureau of Investigation (FBI), maintain arrest records related to the violation of federal laws within the State of Maine. The FBI's National Crime Information Center database contains nationwide criminal records, including the State of Maine arrest information.
Correctional Facilities: Although Maine does not have federal prisons, the State of Maine Department of Corrections maintains arrest information for individuals incarcerated within state-managed correctional centers such as the Bolduc Correctional Facility, Downeast Correctional Facility, and Mountain View Correctional Facility.

How to Find Public Arrest Records in Maine?

You may find Maine arrest records by:

Visiting Local Police Departments and County Sheriff's Offices: Arrest records maintained at the county level by local police departments and county sheriff's offices may be obtained by directly contacting the local law enforcement agencies. Most of these agencies have records units or divisions tasked with keeping the records. Some jurisdictions have online resources allowing the public to request or view arrest logs. For instance, the Franklin County and Cumberland County Sheriff's Offices provide arrest information online via their arrest logs.
Submitting a Request to the State Bureau of Identification: You may access arrest records via the criminal history record information obtainable from the online portal of the State Bureau of Identification. You will typically need the subject's full name, date of birth, and a credit card or subscription with InforME to search on the SBI portal. A search performed by a non-subscriber costs $31, while a Maine InformE Subscriber will pay only $21. Note that these fees are non-refundable. If you want a notarized report, you will be required to pay an additional $10 fee.

The majority of search results will be delivered by email within two hours. Your request may require manual processing if you do not receive your results within 12 hours. In such cases, results may be delayed by up to two weeks.

Accessing Maine Court Records: If you visit the courthouse where a case was finalized, you may be able to access information about the arrest that led to the criminal proceedings. You may obtain the available court record with arrest information from the clerk's office of the court. Alternatively, the Maine Judicial Branch provides access to court records electronically via the re:SearchMaine online resource. Note that access to electronic court records via the re:SearchMaine resource is guided by the Administrative Order JB-20-03 and Maine Rules of Electronic Court Systems (MRECS). MRECS creates access categories typically into the following:
- Records accessible by the public remotely
- Records accessible only to attorneys of record and parties involved in a case
- Records accessible by the members of the public only at a courthouse where eFiling is available.
Using Arrest Record Search Services Offered by Third-Party Websites: Several third-party websites offer access to some government records, including arrest records. Websites like RecordsFinder generally aggregate data from government databases at county and state levels to provide access to Maine’s available arrest records.

How Long Do Arrests Stay on the Record in Maine?

An arrest record will remain for life on your Maine record except if you get the record sealed according to a Maine court order or executive clemency via a Governor's pardon. Adult arrest records generally are not sealed automatically. If a record is eligible for sealing, the record owner must submit a petition to the court. However, certain juvenile case records may be automatically sealed. If a juvenile has fulfilled all court-imposed obligations following an adjudication for a Class D or Class E juvenile offense or for a juvenile offense that would be classified as a civil violation if committed by an adult, the court will automatically seal the juvenile's court record.

How To Seal or Expunge an Arrest Record in Maine?

According to a recent record sealing law that went into effect on August 9, 2024, Maine now permits the record sealing for specific criminal convictions and, consequently, the associated arrest record.

The state generally allows for the sealing of the following criminal convictions:

A former or current Class E crime (not including some specific sexual assault crimes)
Convictions for select crimes related to marijuana(for a crime committed before January 30th, 2017), such as:
- Aggravated furnishing, trafficking, or the cultivation of scheduled drugs according to Title 17-A when:
  - the individual was charged with the cultivation of scheduled drugs
  - Marijuana was the drug being addressed
  - The specific crime that was committed was rated as a class D
- The aggravated growing of marijuana pursuant to Title 17-A, section 1105-D, subsection 1(A)(4)
- Aggravated cultivation of marijuana pursuant to Title 17-A, section 1105-D, subsection 1(B-1)(4)
- Aggravated cultivation of marijuana pursuant to Title 17-A, section 1105-D, found under subsection 1(D)(4)
- Illegal holding of scheduled substances specified within Title 17-A when the drug is specifically marijuana and only when the crime has been rated as a Class D.

For a conviction record to be eligible for sealing, additional requirements are necessary, typically including:

You must have no pending criminal charge in the state, another jurisdiction, or federal court
You must be free from additional criminal convictions as an adult within the state of Maine. You also may not have had your case dismissed due to a deferred disposition after successfully finishing your sentence for the offense.
It must have been at least four years since you fully completed the imposed sentence, including any imprisonment, fine payments, administrative release, probation, license suspension, restitution, and community service
You have no other criminal convictions in another No convictions exist for you in some other jurisdiction or state after you completed the specific sentence for the offense in question.

The Maine Judicial Branch offers the official form (CR-218 - also known as Motion to Seal Criminal History) within the forms section of their website. You may also obtain a paper version of the CR-218 form from the officer of a clerk of any district court in the state. To file a motion to seal your record, you must submit a completed CR-218 form to the clerk's office in the court where your conviction occurred.

Maine does not require persons seeking to seal their criminal records to employ a lawyer to complete the process. The process may be completed pro se (yourself) or with the help of an attorney. The State benefits from representation from the office of the prosecutor who managed the case originally.

Upon submitting your request, the court will schedule a follow-up hearing. This court will then conduct a review of evaluating each statutory requirement at the hearing, and the judge will determine whether to grant the motion filed. If your request is approved and the court issues a sealing order, the State Bureau of Identification will receive notification from the court. Afterward, the SBI will fully seal your specific conviction and send you a notice via mail to your address confirming the sealing action.

If your conviction gets sealed in Maine, you may reply to questions from persons who are not agencies for criminal justice, entities listed in Section 2265 of the Maine Revised Statutes, and the court as though the conviction never occurred. Since the State of Maine has no expungement law, records are not completely erased, but they won't be made available to third parties, which typically include landlords, school admissions, employers, and lenders.

Note the state requirements for sealing records related to the crime of engaging in prostitution differ from the other eligible convictions. If you were convicted for engaging in prostitution, you may have your records sealed if a minimum of one year has passed since your sentence alternative has been completely satisfied. Examples of sentencing alternatives include at least one of the following: