Maine State Bureau of Identification (SBI) maintains the state’s central repository of CHRI. The primary purpose of the repository is to collect, file, and preserve CHRI based on arrests reported to SBI by law enforcement.
- Felonies and misdemeanors court cases are updated daily
- Turnaround time is 24 hours or less
- Price $20.00 + Repository Fee
This records search will provide you with all the conviction and adjudication information for adult and juvenile crimes committed within the State of Maine that the Bureau of Identification currently has on record, as well as pending cases less than one year old.
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Employment Screening Laws in Maine
Because Maine has no state law restricting employer use of criminal records, applicants who are wrongly denied a job must rely on federal laws.
The State of Maine employs the recommended rules and regulations standard policies of the hiring guidelines established by the Fair Credit Report Act (FCRA).
- Background check consent must be completed and signed in a separate stand-alone form separate from employment application as per FCRA. Must be clear and conspicuous to their knowledge
- Establish an HR policy when conducting employment background checks for each job position. For example, what past criminal offenses are to be considered in relation to the job position
If derogatory records are found:
- If doing a nationwide criminal database search, verify that any database records found are updated and accurate at originating source (i.e, County Criminal Court and/or Real-Time State Criminal search
- Send FCRA Pre Adverse Action Letter. Wait at least five days to allow the applicant to dispute any discrepancies before taking any further action
- If by then, a decision has been made to not to hire the applicant based on the applicant’s response and further investigation of records found — a job declination FCRA adverse action letter must be sent
Maine does not issue any Ban-the-Box policies for private employers.
State Employees – Public Sector: The three-sentence law bans the box for state employment and goes no further. More specifically, it prohibits questions about criminal history on an application form for a position in state government. The law does not apply to employment with a political subdivision of the state (such as municipalities or counties), to positions in school administration, or to state government positions for which an applicant may be ineligible because of his or her record and the nature of the position.
Remember that an employer must always consider EEOC guidance when making a hiring decision. The Equal Employment Opportunity Commission (EEOC) calls for companies to conduct an Individualized Assessment based on the nature of the offense and how it relates to the job position prior to automatically disqualifying an employment applicant based on their past criminal records history.
When determining whether a criminal offense would disqualify a potential employment candidate, employers must give consideration to:
- The nature and gravity of the criminal offense
- How much time has passed since the offense or sentence
- The nature of the job (including where it is performed, how much supervision and interaction with others the employee will have, etc.)
The EEOC has stated that employers ought to give job seekers with a criminal record the opportunity to explain the circumstances and provide mitigating information showing that the employee should not be excluded based on the nature of the offense.
Disclaimer: All resources in this informational article are intended for basic informative purposes and to serve as initial guidance. It is strongly recommended to always check with your legal counsel before proceeding as new laws may emerge from federal and local municipalities after the date of this article.
MAINE STATE BUREAU OF IDENTIFICATION
45 Commerce Drive, Suite 1 / STATE HOUSE STATION # 42 AUGUSTA, ME 04333 (207) 624-7240 (VOICE)
Criminal History Record
JOHN Q. CUSTOMER (1965-08-24)
Subject Name/or potential Alias Name(s)
CUSTOMER, JOHN Q
Subject Description (date information provided listed in parentheses)