Maine Background Check: State Laws & Screening Options

A background check helps verify someone’s history, including their criminal record and employment history. In Maine, employers, landlords, and others use these checks to ensure they can trust someone.

This guide will explain how to get a background check in Maine, the laws you need to know, and how long it usually takes.

What Is a Maine Background Check?

A Maine background check is a process used to verify the history and credentials of an individual. These official checks are often conducted by employers, landlords, and various institutions to ensure that a person meets certain criteria or standards.

In Maine, background checks can include information like criminal records, employment history, and driving records. The Maine Department of Public Safety’s State Bureau of Identification (SBI) manages the release of criminal history records and other relevant information.

What Are the Background Check Laws in Maine?

Fair Credit Reporting Act (FCRA)

The FCRA is a federal law that plays a critical role in background checks. Employers must obtain written consent from job applicants before conducting a background check. 

If any adverse action is taken based on the results, such as not hiring the applicant, the employer must provide a copy of the report and a summary of the applicant’s rights under the FCRA. This law ensures transparency and fairness in the hiring process.

Maine Human Rights Act (MHRA)

The Maine Human Rights Act is the state’s anti-discrimination law. It prohibits discrimination based on race, color, sex, sexual orientation, physical or mental disability, religion, age, ancestry, or national origin. 

This law applies to employment, housing, public accommodations, education, and credit. Employers must ensure that their background check practices comply with the MHRA to prevent discriminatory hiring practices.

Maine Criminal History Record Information Act (CHRIA)

The CHRIA regulates how criminal history records are handled by Maine criminal justice agencies. It sets guidelines for accessing, sharing, and maintaining the confidentiality of these records to protect individuals’ privacy. 

This act aims to balance public safety with individuals’ rights by ensuring that criminal records used in employment and licensing decisions are accurate and properly handled.

Maine Background Check Center (BCC) Law

The BCC Law mandates periodic background checks for individuals working with vulnerable populations, such as children and the elderly. Key aspects include:

• Purpose: Ensures the safety of vulnerable groups by requiring background checks every five years for mandated users.
• Regulation: Governed by 10-144 C.M.R. ch. 60, it uses an internet-based system for conducting background checks.
• Functionality: Facilitates registry checks via a web-based application, aiding employers in compliance and screening.
• Accessibility: Allows employers to initiate background screenings online, ensuring efficient and compliant hiring practices.

Maine Consumer Credit Code

The Maine Consumer Credit Code (Title 9-A) regulates consumer credit transactions within the state. It includes:

• General Provisions and Definitions: Outlines basic terms and conditions.
• Finance Charges and Related Provisions: Sets limits and guidelines on finance charges.
• Regulation of Agreements and Practices: Covers requirements for receipts and statements of account to ensure transparency and fairness in credit transactions.

Ban the Box Law (Maine’s Act to Promote Employment)

Maine’s Ban the Box Law aims to promote fair employment practices by prohibiting employers from asking about an applicant’s criminal history on initial job applications. Key points include:

• Timing of Inquiries: Employers cannot ask about criminal history until after determining the applicant meets the job qualifications.
• Purpose: Ensures individuals with criminal histories are not unfairly excluded from job opportunities and allows them to showcase their qualifications first.
• Implementation: This law helps promote equal employment opportunities and went into effect to foster fair hiring practices.

Occupational Safety and Health Act (OSHA)

Maine’s Occupational Safety and Health Act aligns with federal OSHA standards but includes specific provisions for the state. Maine’s State Plan, approved by OSHA, covers both private-sector employers and state/local government employees. Employers must:

• Provide Hazard-Free Workplaces: Ensure that the workplace is free from recognized hazards.
• Adhere to OSHA Standards: Comply with OSHA regulations, including recordkeeping for workplaces with 11 or more employees.

Federal laws regarding Equal Employment Opportunity (EEO)

Federal EEO laws prohibit employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. Employers must conduct background checks in a manner that complies with these laws to avoid discriminatory practices.

Local Maine Fair Hiring Laws

Maine is committed to promoting fair hiring practices to ensure that everyone has an equal opportunity to secure employment. One of the key components of this commitment is the Fair Chance Employment Law, which came into effect on October 27, 2021. This law is a significant step towards creating a more inclusive job market.

The Fair Chance Employment Law in Maine aims to eliminate the bias that individuals with criminal histories often face during the hiring process. Specifically, it prohibits employers from asking about an applicant’s criminal history on initial job applications.

This means that questions about past convictions cannot be included in the first round of the application process, allowing candidates to be evaluated based on their qualifications rather than their criminal past.

How Do I Get a State Background Check in Maine?

Below are the steps to get a background check in Maine:

1. Determine the Type of Background Check Needed: Identify if you need a criminal, employment or driving record background check.
2. Visit the Maine State Bureau of Identification (SBI) Website: The SBI is responsible for handling criminal background checks. Their website provides access to the necessary forms and information.
3. Complete the Appropriate Form: Download and fill out the “Request for Criminal History Record Information” form available on the SBI website. Ensure that all the required fields are accurately completed.
4. Submit the Form: Forms can be submitted either by mail or online. For online submissions, create an account on the Maine SBI online portal and follow the instructions to upload your form.
5. Pay the Required Fee: Background checks usually come with a processing fee. Payments can be made online if submitting the form digitally, or by check or money order if mailing the form.
6. Wait for Processing: After submission, the processing time may vary. Online requests are typically processed faster than mail-in requests.

What Shows up on a Maine Background Check?

Here are some common types of background checks and what they typically include:

Civil Court Searches

Civil court searches are important for understanding an individual’s financial stability and legal history. They reveal:

• Lawsuits filed against the individual
• Judgments issued in those lawsuits
• Liens placed on the individual’s property or assets

Employment Background

Verification of employment history is used to validate the accuracy of a candidate’s resume and assess their suitability for a role. It includes:

• Confirmation of job titles held
• Verification of dates of employment
• Reasons for leaving previous positions

Driving Record Checks

Checking an individual’s driving history is essential for roles involving driving or operating vehicles. It provides insights into:

• Traffic violations committed
• DUI (Driving Under the Influence) offenses
• Current status of their driver’s license

Education Background Check

Education background checks ensure that candidates possess the academic qualifications they claim, verifying:

• Degrees earned (e.g., Bachelor’s, Master’s)
• Institutions attended
• Dates of attendance and graduation

Drug Testing

Drug testing is crucial in safety-sensitive industries to ensure a safe working environment and compliance with company policies. It includes:

• Screening for the presence of illegal substances such as marijuana, cocaine, and opioids
• Testing methods commonly used (e.g., urine, blood, hair follicle)
• Compliance with industry regulations and standards

Criminal Background Checks

Criminal background checks are used to assess an individual’s trustworthiness and suitability for a role. They reveal:

• Records of arrests for criminal offenses
• Convictions for crimes committed
• Incarceration history, if applicable

Credit Background Checks

Credit background checks provide insights into an individual’s financial responsibility and stability, particularly important for positions involving financial management. They include:

• Evaluation of credit scores indicating financial health
• Assessment of debt levels and types (e.g., mortgages, loans)
• Payment history, revealing reliability in meeting financial obligations

How Far Back Does a Background Check Go in Maine?

Maine follows the Fair Credit Reporting Act (FCRA), which limits pre-employment background checks to a seven-year lookback period. This means that adverse information older than seven years, like arrests or other negative records, won’t typically appear in background check reports.

Exceptions apply for higher-paying roles or those needing high-security clearance. Positions in finance, healthcare, or roles of significant trust may allow employers to extend their background checks beyond seven years.

It’s important for employers to understand these nuances and for applicants to be aware of what might be included in their background checks.

How Long Does a Background Check Take in Maine?

Typically, most background checks in Maine can be completed within a day if no manual intervention is required. However, there are instances where additional verification is necessary, which can extend the process.

• Standard Checks: Generally completed the same day as requested.
• Manual Interventions: This can take up to two weeks if additional investigation or verification is needed.
• County Searches: These may take longer and are more expensive, but are necessary for thoroughness in certain cases.

Employers need to account for these possible delays in their hiring timeline to avoid unnecessary hold-ups.

How Much Does a Background Check in Maine Cost?

The cost of conducting a background check in Maine can vary based on the depth and type of information required. Here’s a breakdown of the potential costs involved:

Basic costs:

• Maine State Police Report: $31 per report. This is the standard fee for obtaining a basic background check report through the state police.

Additional costs:

• Fingerprinting: If fingerprinting is required, there is an additional one-time fee of $52. This is often necessary for positions that demand a higher level of security or trust.
• Comprehensive Searches: If the background check requires more extensive county-level searches or additional services, the costs can increase. These searches are more detailed and may involve additional fees, depending on the specific requirements.

Where To Get A Background Check In Maine?

For official criminal background checks in Maine, the Maine Department of Public Safety’s State Bureau of Identification (SBI) is the primary resource. They offer comprehensive criminal history records based on state and federal databases. Requests can be made online via the SBI website or by mailing a completed request form.

Additionally, you can use online background check services. Some of these paid websites provide quick and convenient access to various records. However, it’s important to note that not all of these sites comply with the Fair Credit Reporting Act (FCRA). 

If you need background checks for employment or other official purposes, make sure the service you choose adheres to FCRA regulations to ensure the information is accurate and legally compliant.

Best Background Check Sites

Here are some trusted websites to run background checks, each with its own set of advantages and drawbacks:

1. TruthFinder – In-depth, detailed reports
2. Instant Checkmate – Immediate, reliable results
3. BeenVerified – User-friendly, intuitive interface

1

TruthFinder

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TruthFinder offers comprehensive background checks by gathering data from various sources, including social media and public records. They provide detailed reports quickly, typically within minutes.

Pros

• Advanced search filters for refined results
• Option to self-monitor personal information
• Reports include up-to-date information
• Dark web scan feature to check for compromised data

Cons

• Requires a monthly subscription; no single report purchase option
• Additional fee to download reports as PDFs
• Limited to information on individuals in the United States
• Non-FCRA compliant

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2

Instant Checkmate

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Instant Checkmate is a fast and effective online service for background checks. It provides a wide range of information such as traffic records, arrest details, court documents, addresses, age, and alternate names. It’s especially helpful for finding out about someone’s history of violence by quickly searching arrest records and other relevant information.

Pros

• Offers detailed background information quickly
• Comprehensive search covering various records
• Provides specific details about crimes and their locations
• Includes a reverse phone lookup feature

Cons

• Not suitable for employment or tenant screening due to CRA regulations
• Requires detailed information for optimal search results
• Some features, like the reverse phone lookup, are less prominent on the site
• Non-FCRA compliant

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3

BeenVerified

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BeenVerified offers affordable and convenient access to public records. With a user base of over 10 million and handling 38 million searches monthly, it has the most reliable background check services. The platform gathers information from federal, state, county, and local records, plus commercial sources, providing detailed and user-friendly reports.

Pros

• Wide range of search options, including people, phone, email, and property
• Affordable pricing with membership options
• Detailed and visually appealing reports
• Excellent customer support with extensive hours

Cons

• Information is limited to what is publicly available
• Occasional inaccuracies in the data due to reliance on public records
• Mobile app available only for Android devices
• Non-FCRA compliant

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Final Note On Maine Background Check 

In conclusion, obtaining a background check in Maine is a straightforward process with several options to suit your needs. For official and reliable results, you can request a background check through the Maine State Police’s Criminal History Record Check program. This method ensures that you receive accurate and legally compliant information directly from a trusted source. 

Alternatively, online background check services offer a convenient option for accessing various records quickly. However, be cautious when using these services, as not all are compliant with the Fair Credit Reporting Act (FCRA). 

By choosing the appropriate method based on your requirements, you can ensure that you obtain the necessary background information efficiently and accurately. Remember, understanding state laws is crucial for any citizen to navigate these processes effectively and ensure compliance.

Disclaimer: Some background check sites are just for personal use and conducting basic people searches. Others, such as those used by potential employers, must comply with the Fair Credit Reporting Act (FCRA). This law limits the types of information you can find on other people. If you’re an employer or landlord using a background check for professional purposes, be sure to choose a site that’s FCRA compliant. Using a people search site that doesn’t comply with the FCRA to screen potential tenants, domestic workers or employees is illegal.

The information available on our website may not be 100% accurate, complete, or up to date, so do not use it as a substitute for your own due diligence, especially if you have concerns about a person’s criminal history. The services we mention do not make any representation or warranty about the accuracy of the information available through our website or about the character or integrity of the person about whom you inquire. For more information, please review each service’s Terms of Use.