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Maine Arrest Records

Maine Arrest Records

Law enforcement agencies across Maine record up to 31,000 arrests annually. One of the highest number of arrests reported in the state is simple assault, with 4,534 incidents. It accounts for 14.4% of arrests made yearly, followed by larceny at 4,484 (14.2%) arrests and drug and narcotics offenses at 4,009 (12.7%) arrests annually.

Maine has an arrest rate of 2,228.9 arrests per 100,000 residents. Maine's arrest rate is slightly higher than the national average at 2,181.7 per 100,000 people. Although Maine's arrest record is higher than the national average, it is significantly lower than its only neighbor, New Hampshire, which has a rate of 2,682.5 arrests per 100,000 residents.

What Is an Arrest Under Maine Law?

An arrest under Maine Law is the apprehension and detention of a suspect by law enforcement to answer for crimes committed. Per Title 17-A, §15 of the Maine Revised Statutes, an arrest occurs when law enforcement takes a person into custody based on the belief that the person has committed a crime.

Type of Arrests in Maine

In Maine, arrests are typically classified into two categories: Warrant arrests and Warrantless Arrests. Both arrests must follow legal processes to ensure individual rights are not violated.

Warrant Arrests

A warrant arrest generally occurs when law enforcement officers apprehend and detain an individual based on a legal document issued by a judge or magistrate called an arrest warrant. The judge or magistrate issues the warrant after law enforcement presents evidence of a crime. The warrants permit officers to take the person named on the document into custody to answer for a crime. In Maine, probable cause is required before a judge issues a warrant.

Warrantless Arrests

A warrantless arrest generally occurs when law enforcement officers arrest an individual without an arrest warrant. Warrantless arrests are legal where probable cause exists. However, for warrantless arrests to be legal in Maine, it must meet the following conditions:

  • The crime, misdemeanors, was committed in the presence of the officer, or the officer has first-hand knowledge of the crime
  • The officer did not witness the crime but has probable cause to believe a felony was committed and the individual arrested committed the offense
  • The officer believes that the person is likely to harm someone unless they are restrained or apprehended
  • The officer believes that the person who has committed a crime of theft will run away unless arrested
  • The officer did not witness the act of domestic violence, but there is probable cause that the incident was committed by the person to be detained
  • The person violates the conditions of probation, parole, bail, or protection order

Probable cause is generally mandatory in warrant and warrantless arrests. Probable cause requires reasonable belief, typically supported by facts or evidence that the crime has occurred or is about to happen. Probable cause is established through direct observation by law enforcement officers or from reliable evidence. Maine law generally requires officers to have sufficient evidence before warrant or warrantless arrests. Other types of arrests made in Maine typically include juvenile arrests, immigration-related arrests, public order arrests, and traffic-related arrests.

In addition to warrants and warrantless arrests, other types of warrants exist in Maine that serve different purposes. These warrants basically permit peace officers to take specific actions. They typically include:

  • Search Warrants: A search warrant permits law enforcement to search a specific location for evidence of a crime. A judge issues a search warrant where there is probable cause to believe that evidence of a crime is present in a particular location. A search warrant specifies what may be searched and what evidence may be seized
  • Bench Warrants: A judge issues a bench warrant when a person fails to comply with a court order or appears for a scheduled hearing. Bench warrants are not criminal-related. Instead, they are issued to ensure compliance with court procedures
  • Capias Warrants: Similar to a bench warrant, a capias warrant is issued when a person fails to comply with court orders related to civil matters, such as paying child support or not following custody agreement
  • No-Knock Warrants: A no-knock warrant permits law enforcement to enter a property without knocking or announcing their presence. A no-knock warrant is issued when officers believe that announcing their presence could be dangerous or disadvantageous and may lead to the destruction of evidence or pose a danger to officers
  • Extradition Warrants: An extradition warrant is issued when someone wanted in other states resides in Maine. An extradition warrant is issued to transfer the individual from Maine back to the state where the charges were filed

What Are Maine Arrest Records?

What Are Maine Arrests Records?

Maine arrest records are generally official documents containing information about a person's arrest. Arrest records detail a person's involvement with law enforcement regarding criminal activities. Arrest records in Maine are created when peace officers detain a suspect. The details of the arrests are officially recorded and kept in law enforcement databases. Typically, an arrest record in Maine contains the following information:

  • The full name, aliases, birth date, address, gender, weight, height and other personal identifiers
  • Details of the arrest, including the date and time of the arrest and the location of the arrest
  • The specific charges the individual is accused of
  • The details of the arresting officer, including the name and badge number
  • The booking information, such as the detention location, mugshot, and fingerprints

Arrest records and criminal records are different records. Arrest records generally are documents showing when a person was taken into custody by law enforcement. Arrest records only detail when someone is arrested and exist regardless of the outcome of the charges. Arrest records form part of an individual's criminal record. Criminal records are typically more comprehensive. It provides a complete history of a person's interaction with the criminal justice system. It gives a thorough picture of a person's criminal history, including information on arrests, charges, court outcomes, and sentencing.

How Can Arrest Records Be Accessed in Maine?

Generally, arrest records are publicly accessible in Maine. The Maine Freedom of Access Act (FOAA) grants the public the right to inspect and view public records, including arrest records. However, certain exceptions limit access to some arrest records. Generally , juvenile arrest records, sealed or expunged arrest records, arrest records of ongoing investigations, and arrest records from domestic violence and sexual assault cases are not public records. The public cannot view or obtain copies of these arrest documents.

Although the public may access exempted arrest records, specific entities may still access them due to their status or legal responsibilities. Law enforcement agencies may access restricted arrest records to use as reference for ongoing cases. Legal professionals and the courts access confidential arrest records to prepare for criminal cases or ensure compliance with probation or other court orders. Employers in sensitive fields such as schools or healthcare may access sealed or restricted arrest records through background checks. These employees view arrest records to determine whether the individual is eligible to work with vulnerable persons.

Arrest records in Maine are generally accessible at several levels - statewide, locally, and through the courts.

Maine State Bureau of Identification (SBI)

The SBI, under the bureau of the Maine State Police, maintains a central repository that collects and maintains criminal history information through the Criminal History Record Information (CHRI. The CHRI collects, files, and maintains arrests reported by law enforcement statewide. Interested persons may request criminal records, which include arrest records. Alternatively, record seekers may mail written requests for arrest records to the SBI at:

State Bureau of Identification

State House Station #42

Augusta, ME 4333-0042

Local Police Departments

Police departments and sheriff's offices maintain records of arrests within their jurisdiction. Some police departments and sheriff's offices provide online access to arrest records. However, most law enforcement agencies have a records department that maintains arrest records and allows individual requests for the documents in person or by mail. Some police departments may charge a fee to process the requests.

The Courts

Where an arrest leads to charges and a court case, the courts will have records connected to arrests as part of the case file. The courts provide access to arrest records unless they are sealed or expunged. The clerk of the court maintains arrest records. Record seekers may access the documents in person at the courthouse. Alternatively, the courts accept mail requests for copies of the arrest records.

How Long Will an Arrest Report Stay on Your Maine Records?

Arrest records remain on a person's records indefinitely, until the individual petitions the courts to have them expunged or sealed. Unlike some states that automatically delete arrest records after a predetermined period, Maine does not automatically expunge or delete arrest records. Instead, they remain on a person's record till steps are taken to seal the record.

Can You Expunge Your Arrest Records in Maine?

Can You Expunge Your Arrest Records in Maine?

Unlike most states, Maine has no provision for expunging arrest records. Expunging means to remove or delete a record permanently as if it never existed. In Maine, there is no legal provision to delete arrest records. However, the state does permit sealing arrest records under certain conditions. Sealing arrest records in Maine does not destroy the record. It hides the record from the public, making it inaccessible. Generally, Title15 §2262 of the Maine Revised Statutes requires the following eligibility criteria to seal arrest records:

  • The arrest charges were dismissed, dropped, or the individual was acquitted
  • At least four years have passed since the completion of the sentence imposed or since fulfilling the probationary, parole, community service, or fines imposed by the courts
  • There is no pending criminal conviction or arrest warrant since completing the sentence
  • There are no outstanding warrants in other states since completing the sentence

Sealing arrest records begins with filling a petition with the court that presided over the case. The petitioner then serves other parties to the case, such as the prosecutors, with the petition to seal the arrest records. The court may schedule a hearing to review the case and decide if sealing is appropriate. If the judge approves sealing the arrest records, it becomes inaccessible to the public and will no longer show up on background checks.

Is Citizen's Arrest Legal in Maine?

Yes, a private citizen can generally make a citizen arrest in Maine. A citizen's arrest is when an individual -not a law enforcement officer- apprehends and detains someone they believe has committed a crime. However, citizen arrest comes with strict rules in Maine, including:

  • For misdemeanor crimes, the private citizen must witness the crime being committed
  • The individual has probable cause to believe that a crime was committed or is about to be committed, and that the person being detained committed the crime

A police officer can generally make a citizen's arrest where they do not have official jurisdiction. Law enforcement officers may conduct citizen arrests if they witness a crime or have probable cause to believe a felony has been committed when off-duty or outside their jurisdiction. Generally, police officers conducting a citizen's arrest must adhere to the same conditions as private citizens making a citizen's arrest.

Citizens arrest differs from false arrests. Citizen arrest is when a private citizen detains another because they believe that person has committed a crime. Citizen arrest is legal and backed by state laws. False arrests occur when someone is detained unlawfully without legal justification. False arrest is illegal. False arrest violates a person's rights and can lead to civil lawsuits and even criminal charges against the person who made the arrest.

How to Look Up Arrest Warrants in Maine

How to Look Up Arrest Warrants in Maine

Several methods exist to determine whether an arrest warrant has been issued in Maine. Although Maine does not have a statewide online database for warrant searches, interested persons may access the information through various local resources. Local police departments generally issue and maintain records on arrest warrants and can provide information on warrants issued within their jurisdiction. Likewise, the county sheriff's office handles arrest warrants within the county and maintains its records of outstanding warrants. While some sheriff's offices and police departments may list public warrant records online, others require record seekers to access the record in person or by mail.

The courts issue warrants and have records of outstanding warrants issued. Presently. Maine does not have a statewide database to access court records. However, record seekers may visit the clerk of the court in the county where the case was filed to access warrant information. Also, some third-party websites typically offer background checks that may include warrant information.

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