Confidentiality & Court Records

Court Hearings and Records

Juvenile court hearings are closed to the public unless the petition (the document filed to start a juvenile case) is open to public inspection.

15 M.R.S. section 3308-D (Confidentiality of Juvenile Court proceedings).

Juvenile Case Records

There are many factors that determine if juvenile case records are open to public inspection. Ask your attorney if you have questions about accessibility of records.

Generally, whether a juvenile's records are open to public inspection depends upon several factors, including:

• The level of the charge;
• The age of the juvenile;
• Whether the Juvenile Court has determined that there is probable cause to believe that the juvenile committed the alleged juvenile crime; and
• Whether there is a compentency proceeding pending before the Juvenile Court.

Juvenile petitions open to public inspection

The following petitions are usually open to public inspection after the court determines that there is probable cause to believe the juvenile committed the alleged juvenile crime:

• A juvenile petition for murder, felony murder, or manslaughter when the juvenile is 13 years or older at the time of the alleged offense; and
• A juvenile petition for a Class A juvenile crime when the juvenile is 13 years or older at the time of the alleged offense (but please note, this type of case can be made confidential by court order).

Juvenile petitions closed to public inspection

The following petitions are usually confidential and closed to public inspection:

• A juvenile petition for murder, felony murder, or manslaughter when the juvenile is under the age of 13 at the time of the alleged offense (but please note that this type of case can be made open to public inspection by court order);
• A juvenile petition for a Class A juvenile crime when the juvenile is under the age of 13 at the time of the alleged offense (but please note that this type of case can be made open to public inspection by court order);
• A juvenile petition for Class B and C juvenile crimes for a juvenile of any age (but please note that this type of case can be made open to public inspection by court order);
• A juvenile petition for Class D and E juvenile crimes for a juvenile of any age; and
• Any civil violation.

Orders of adjudication

Orders of adjudication for any juvenile crime that is murder, or a Class A, B, or C crime are open to public inspection.

Access to all juvenile case records

The following people or agencies may inspect, and after asking the court, can get copies of a juvenile's court file:

• The juvenile;
• The juvenile's parents, guardians or legal custodian;
• The juvenile's attorney;
• The prosecuting attorney; and
• Any agency that is given custody of the juvenile as a result of the juvenile being adjudicated of a juvenile crime; and
• The Department of Health and Human Services (DHHS) if custody to DHHS is being considered.

Victim's access to case records

The juvenile petition and the order of adjudication may be inspected by the victim. Victim means:

• The victim;
• If the victim is a minor, the victim’s parent or parents, guardian, or legal custodian; or
• If the victim cannot act on the victim’s own behalf due to death, age, physical or mental disease or disorder, intellectual disability, autism, or other reason, an immediate family member, guardian, or legal custodian of the victim.

Access to juvenile case records by others

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

15 M.R.S. Section 3308-A (Dissemination of juvenile intelligence and investigative record information).

Sealing a Juvenile Case Record

Some juvenile case records are automatically sealed when the Juvenile Court is notified that a juvenile has completed all requirements of the case’s disposition. Other juvenile records can be sealed only if the juvenile files a request (also known as a “petition”) with the Juvenile Court to seal the records.

Automatic sealing

If a juvenile has completed all of the court obligations that were imposed after being adjudicated of a Class D or Class E juvenile crime or a juvenile crime that would be considered a civil offense if committed by an adult, the court will automatically seal the juvenile court record within five business days after a Notice of Discharge (JV-040) is filed with the Juvenile Court. The Notice of Discharge must be filed by:

• The Department of Corrections if the juvenile’s disposition involved commitment to a juvenile correctional facility, a period of confinement at a juvenile correctional facility that was not longer than 30 days, or a suspended disposition; or
• The office of the prosecuting attorney if the disposition included restitution, community service, or a restorative justice process and the court ordered that proof of completion be provided to the office of the prosecuting attorney; or
• The juvenile or the juvenile’s attorney.

Petition to seal a juvenile case record

If a juvenile was adjudicated of murder or a Class A, B, or C crime or operating under the influence, the juvenile may petition the court to seal the juvenile records if the juvenile meets certain conditions:

• Three years have passed since the juvenile completed all juvenile court obligations;
• The juvenile has not been adjudicated of another juvenile crime or convicted of committing a crime as an adult since the disposition of the juvenile crime; and
• There are no current proceedings or charges pending against the juvenile for a juvenile or adult crime.

15 M.R.S. section 3308-C(10)(A) (Juvenile case records sealed).

How does the court decide?

If everything listed above is met, the court may seal a juvenile case record unless it finds that the public’s right to information substantially outweighs the juvenile’s interest in privacy. The court’s decision cannot be appealed.

What does "sealing" mean?

When a juvenile's case records are sealed, it means that the public will not be able to see the juvenile’s court file and the juvenile may respond to most questions about the case as if it never happened. However, the juvenile must always report the juvenile crime when answering questions from the court or a criminal justice agency.

• Sealing a juvenile case record does not erase the record of the case. Maine does not have “expungement.”
• If the juvenile case 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.
• However, Maine courts, criminal justice agencies, the juvenile, and anyone the juvenile designates, will be able to see the juvenile record.

Who can help file a petition to seal a juvenile case record?

The juvenile or the juvenile’s parent, guardian, or legal custodian can make a request to seal a record. The person asking for the record sealing may contact the defense lawyer who originally represented the juvenile in the case or another lawyer.

Court-appointed lawyers paid for by the State are not available for this process.

The Petition to Seal Juvenile Case Records (JV-043) court form is available on the Judicial Branch website Forms page.