An Act To Limit the Dissemination of Certain Criminal Records
Maine Legislature, Session 129, LD 0764
Committee: Criminal Justice and Public Safety
Sponsors: TALBOT ROSS, CARDONE, DAUGHTRY, MOONEN, O'NEIL, PLUECKER, TIPPING
Amends: 16 MRSA §703, 16 MRSA §704, 16 MRSA §705

Legislative Document
No. 764
H.P. 569
House of Representatives, February 12, 2019
An Act To Limit the Dissemination of Certain Criminal Records
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Cosponsored by Representatives: CARDONE of Bangor, DAUGHTRY of Brunswick, 
MOONEN of Portland, O'NEIL of Saco, PLUECKER of Warren, TIPPING of Orono.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  16 MRSA §703, sub-§2, ¶K, as enacted by PL 2013, c. 267, Pt. A, §2, is 
amended to read:
K.  Information disclosing that a criminal proceeding has been terminated because the 
court lacked jurisdiction over the defendant; and
Sec. 2.  16 MRSA §703, sub-§2, ¶L, as amended by PL 2017, c. 432, Pt. B, §1, is 
further amended to read:
L.  Information disclosing that a person has petitioned for and been granted a full and 
free pardon.;
Sec. 3.  16 MRSA §703, sub-§2, ¶¶M to P are enacted to read:
M.  All adjudications and related records under Title 15, Part 6, after 3 years from the 
date of disposition;
N.  Except for Class E and Class D crimes under Title 17-A, chapter 11 and chapter 
and that involve domestic violence, all convictions and related records for Class E 
and Class D crimes after 3 years from the date of imposition of sentence;
O.  All convictions and related records for Class E and Class D crimes under Title 
17-A, chapter 11 and chapter 12 and that involve domestic violence after 7 years 
from the date of imposition of sentence; and
P.  All convictions and related records for Class C, Class B and Class A crimes that 
are based solely on the defendant's convictions for prior Class E and Class D crimes.
Sec. 4.  16 MRSA §704, sub-§1, as enacted by PL 2013, c. 267, Pt. A, §2, is 
amended to read:
1.  Generally.  Public criminal history record information is public for purposes of 
Title 1, chapter 13.  Public criminal history record information may be disseminated by a 
Maine criminal justice agency to any person or public or private entity for any purpose.  
Public criminal history record information is public whether it relates to a crime for 
which a person is currently within the jurisdiction of the criminal justice system or it 
relates to a crime for which a person is no longer within that jurisdiction.  There Except 
as provided in section 703, subsection 2, paragraphs M, N, O and P, there is no time 
limitation on dissemination of public criminal history record information.
Sec. 5.  16 MRSA §705, sub-§1, as enacted by PL 2013, c. 267, Pt. A, §2, is 
amended to read:
1.  Generally.  A Maine criminal justice agency, whether directly or through any 
intermediary, may disseminate confidential criminal history record information only to:
A.  Other criminal justice agencies for the purpose of the administration of criminal 
justice and criminal justice agency employment; and
B.  Any person for any purpose when expressly authorized by a statute, executive 
order, court rule, court decision or court order containing language specifically 
referring to confidential criminal history record information or one or more of the 
types of confidential criminal history record information;.
C.  Any person with a specific agreement with a criminal justice agency to provide 
services required for the administration of criminal justice or to conduct 
investigations determining the employment suitability of prospective law 
enforcement officers. The agreement must specifically authorize access to data, limit 
the use of the data to purposes for which given, ensure security and confidentiality of 
the data consistent with this chapter and provide sanctions for any violations;
D.  Any person for the express purpose of research, evaluation or statistical purposes 
or under an agreement with the criminal justice agency. The agreement must 
specifically authorize access to confidential criminal history record information, limit 
the use of the information to research, evaluation or statistical purposes, ensure the 
confidentiality and security of the information consistent with this chapter and 
provide sanctions for any violations;
E.  Any person who makes a specific inquiry to the criminal justice agency as to 
whether a named individual was summonsed, arrested or detained or had formal 
criminal charges initiated on a specific date;
F.  The public for the purpose of announcing the fact of a specific disposition that is 
confidential criminal history record information, other than that described in section 
703, subsection 2, paragraph A, within 30 days of the date of occurrence of that 
disposition or at any point in time if the person to whom the disposition relates 
specifically authorizes that it be made public; and
G.  A public entity for purposes of international travel, such as issuing visas and 
granting of citizenship.
SUMMARY
This bill amends the Criminal History Record Information Act in the following ways:
1.  Makes confidential all juvenile adjudications and related records after 3 years 
from the date of disposition;
2.  Except for crimes involving sexual assault, sexual exploitation of minors and 
domestic violence, makes confidential all convictions and related records for Class E and 
Class D crimes after 3 years from the date of imposition of sentence;
3.  Makes confidential all convictions and related records for Class E and Class D 
crimes involving sexual assault, sexual exploitation of minors and domestic violence after 
years from the date of imposition of sentence;
4.  Makes confidential all convictions and related records for Class C, Class B and 
Class A crimes that are based solely on the defendant's convictions for prior Class E and 
Class D crimes; and
5.  Limits the dissemination of confidential criminal history record information to 
criminal justice agencies for the purpose of the administration of criminal justice and 
criminal justice agency employment and pursuant to court order.