Maine Revised Statutes Title 15 Sec. 2265 – Special restrictions on dissemination and use of criminal history record information
Current as of: 2023 | Check for updates
|
Other versions
Notwithstanding Title 16, section 704, the criminal history record information relating to a criminal conviction sealed under section 2264 is confidential, must be treated as confidential criminal history record information for the purposes of dissemination to the public under Title 16, section 705 and may not be disseminated by a criminal justice agency, whether directly or through any intermediary, except as provided in Title 16, section 705 and as set out in this section. In addition to the dissemination authorized by Title 16, section 705, a criminal justice agency may disseminate the sealed criminal history record information to: [PL 2021, c. 674, §1 (NEW).]
1. Subject of conviction. The person who is the subject of the criminal conviction or that person’s designee;
[PL 2021, c. 674, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 15 Sec. 2265
- Conviction: A judgement of guilt against a criminal defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Sealed record: means the criminal history record information relating to a specific criminal conviction that a court has ordered to be sealed under section 2264. See Maine Revised Statutes Title 15 Sec. 2261
2. Criminal justice agency. A criminal justice agency for the purpose of the administration of criminal justice and criminal justice agency employment. For the purposes of this subsection, dissemination to a criminal justice agency for the purpose of the administration of criminal justice includes:
A. Dissemination and use of the criminal history record information relating to the sealed record by an attorney for the State or for another jurisdiction as part of a prosecution of the person for a new crime, including use in a charging instrument or other public court document and in open court; and [PL 2021, c. 674, §1 (NEW).]
B. Dissemination and use of the criminal history record information relating to the sealed record as permitted by the Maine Rules of Evidence and to comply with discovery requirements of the Maine Rules of Civil Procedure and the Maine Rules of Unified Criminal Procedure; [PL 2021, c. 674, §1 (NEW).]
[PL 2021, c. 674, §1 (NEW).]
3. Secretary of State. The Secretary of State to ensure compliance with state and federal motor vehicle laws;
[PL 2021, c. 674, §1 (NEW).]
4. Victims. The victim or victims of the crime related to the conviction or:
A. If the victim is a minor, to the parent or parents, guardian or legal custodian of the victim; or [PL 2021, c. 674, §1 (NEW).]
B. If the victim cannot act on the victim’s own behalf due to death, age, physical or mental disease or disorder, intellectual disability or autism or other reason, to an immediate family member, guardian, legal custodian or attorney representing the victim; [PL 2021, c. 674, §1 (NEW).]
[PL 2021, c. 674, §1 (NEW).]
5. Financial services regulatory agencies. The Department of Professional and Financial Regulation, Bureau of Insurance, Bureau of Consumer Credit Protection, Bureau of Financial Institutions and Office of Securities to ensure compliance with Titles 9?A, 9?B, 10, 24, 24?A and 32, as applicable, and any state or federal requirement to perform criminal background checks by those agencies;
[PL 2021, c. 674, §1 (NEW).]
6. Professional licensing agencies. Licensing agencies conducting criminal history record checks for licensees, registrants and applicants for licensure or registration by the agencies; licensing agencies performing regulatory functions enumerated in Title 5, section 5303, subsection 2; and the State Board of Veterinary Medicine pursuant to Title 32, chapter 71?A to conduct a background check for a licensee;
[PL 2021, c. 674, §1 (NEW).]
7. Financial institutions. A financial institution if the financial institution is required by federal or state law, regulation or rule to conduct a criminal history record check for the position for which a prospective employee or prospective board member is applying; or
[PL 2021, c. 674, §1 (NEW).]
8. Subject to fingerprinting. An entity that is required by federal or state law to conduct a fingerprint-based criminal history record check pursuant to Title 25, section 1542?A.
[PL 2021, c. 674, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 674, §1 (NEW).