Confidentiality & Court Records

Court Hearings and Records

Juvenile court hearings are closed to the public unless:

• The juvenile has been charged with murder or a Class A, B, or C crime if committed by an adult; or
• The juvenile has been charged with a Class D crime after having been previously adjudicated of a Class D or higher crime.

15 M.R.S. § 3307(2) (Certain hearings public).

Juvenile Court Records

If the juvenile has been charged with a Class A, B, C offense, or charged for a second time or more with a Class D offense, the public is allowed to view the following documents in the juvenile's court file:

• The petition;
• The record of the hearing; and
• The order of adjudication.

Most records can be viewed by the following people:

• The victim of the juvenile offense;
• If the victim is a minor or cannot act on their own behalf, the victim’s parent, guardian, or legal custodian;
• The juvenile;
• The juvenile's parents, guardians or legal custodian;
• The juvenile's lawyer;
• The prosecuting lawyer; and
• Any agency that is given custody of the juvenile as a result of the case.

The court may limit who has access to certain records and proceedings such as mental health evaluations, competency evaluations, or records that another law has said are confidential. 

There are also times when the court may allow other individuals to look at the juvenile’s court file as long as the juvenile's name is removed from the file. This can happen only after the person wanting the records makes a written request to the court and the court approves the request.

15 M.R.S. § 3308 (Court records; inspection).

Sealing a Juvenile Court Record

A juvenile who has been adjudicated may be able to ask the court to "seal" the juvenile record at a later date. Juvenile court records are not sealed automatically.

What does "sealing" mean?

Sealing a juvenile court record means that the public will not be able to see the juvenile's court files.

• Sealing a juvenile court record does not erase the record of the case. Maine does not have "expungement."
• If the juvenile record is sealed, it means that members of the public, such as employers or landlords, who search the State Bureau of Identification database will not see the record. 
• The juvenile will be able to answer about the juvenile’s history from anyone other than the courts and criminal justice agencies as if the adjudication never happened.
• However, Maine courts, criminal justice agencies, the juvenile, and anyone the juvenile designates, will be able to see the juvenile case record.

How to seal a juvenile court record

The juvenile must ask the court that originally heard the juvenile's case to seal the case. The request must be in writing ("motion"). Motions can be filed only after three years have passed since the completion of or discharge from the disposition ordered. In addition:

• Since disposition completion, the juvenile cannot have been adjudicated for another juvenile offense and cannot have been convicted of committing a crime as an adult; and

• There cannot be any current proceedings or charges pending against the juvenile for a juvenile or adult crime.

A list of Maine district courts may be found on the District Court web page.  

How does the court decide?

If the procedure and conditions above are met, the court may seal a juvenile court record unless it finds the public’s right to information substantially outweighs the juvenile’s interest in privacy. The court's decision cannot be appealed.

Who can help make a request to seal a juvenile court record?

The juvenile or the juvenile’s parent, guardian, or legal custodian may contact the lawyer who originally represented the juvenile in the case or another lawyer. The juvenile is not eligible for a court-appointed lawyer for making a request to seal a juvenile record.