Overview Description

Records related to a case that was dismissed with prejudice following a deferred disposition will become confidential criminal history information. 17-A M.R.S. § 1348-B, 16 M.R.S. § 703.

Ineligible Category or Citation

See 17-A M.R.S. section 1348 for offenses eligible for deferred disposition.

Procedure General

At the end of the period of deferment, upon a motion from the state's attorney, the court can permit the defendant to withdraw the plea of guilty and dismiss the charge with prejudice. 17-A M.R.S. § 1348-B(1-A). Thereafter, the record becomes confidential criminal history record information pursuant to 16 M.R.S.§ 703.

Fees

There is no statutory language regarding fees.

Effect

Arrest and court records are confidential and can only be disseminated as specified in 16 M.R.S.§ 705.

Waiting Periods

The record becomes confidential immediately upon dismissal of the charge with prejudice.

 

(non-prod server)