An Act To Require Law Enforcement Agencies To Do a Thorough Background Check of Applicant Officers and To Require the Release of Records, Including Sealed Records, to the Requesting Agency
Maine Legislature, Session 130, LD 0539
Committee: Criminal Justice and Public Safety
Sponsors: MIRAMANT, EVANGELOS, DOUDERA, PLUECKER, RECKITT
Amends: 25 MRSA §2804-G

Legislative Document
No. 539
S.P. 227
In Senate, February 24, 2021
An Act To Require Law Enforcement Agencies To Do a Thorough 
Background Check of Applicant Officers and To Require the 
Release of Records, Including Sealed Records, to the Requesting 
Agency
Received by the Secretary of the Senate on February 22, 2021.  Referred to the Committee 
on Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MIRAMANT of Knox.
Cosponsored by Representative EVANGELOS of Friendship and
Representatives: DOUDERA of Camden, PLUECKER of Warren, RECKITT of South 
Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §2804-G, sub-§2 is enacted to read:
2.  Background check; waiver.  A law enforcement agency shall require from every 
candidate for employment as a law enforcement officer with that agency who has previous 
law enforcement experience a written waiver from the candidate authorizing every law 
enforcement agency that previously employed the candidate to disclose the candidate's 
employment records to the hiring law enforcement agency and releasing the hiring and the 
disclosing law enforcement agency from any liability related to the disclosure or use of the 
employment records.  A previous employer is immune from any confidentiality or 
nondisclosure law, policy or contractual requirement for providing information to a hiring 
law enforcement agency under this section.  The hiring law enforcement agency shall 
perform a thorough review of the employment records of a candidate disclosed pursuant to 
this subsection prior to hiring the candidate or making any offer of employment.  If a 
candidate refuses to provide a written waiver required by this subsection, the hiring law 
enforcement agency may not hire or make an offer of employment to the candidate.  For 
purposes of this subsection, "employment records" means any files or information related 
to conduct or job performance including performance reviews, administrative files, 
grievances, previous personnel applications, personnel-related claims, disciplinary actions, 
complaints, early warnings, commendations and any internal review files and includes 
sealed records, but does not include data or any other information of the candidate's 
employment not related to conduct or performance, including medical records, pay and 
benefit information or other similar data or information.
SUMMARY
This bill requires a candidate for employment as a law enforcement officer who has 
previous law enforcement experience to provide the hiring law enforcement agency a 
written waiver authorizing prior law enforcement employers to release all performance-
related employment records on the candidate, including sealed records but not including 
medical, pay and other nonperformance data, and releasing the hiring and disclosing law 
enforcement agencies of liability related to the disclosure or use of the employment records.  
A previous employer is immune from any confidentiality or nondisclosure law, policy or 
contractual requirement for providing information to a hiring law enforcement agency.  
This bill requires a hiring law enforcement agency to conduct a background check on the 
employment records prior to hiring the candidate and forbids a law enforcement agency 
from hiring a candidate who refuses to provide the written waiver.