Opinion
CR-08-1664
10-29-2019
STATE OF MAINE v. SHAUN C. GEISINGER Defendant
ORDER ON DEFENDANT'S MOTION TO STOP THE RELEASE OF CONFIDENTIAL CRIMINAL HISTORY INFORMATION
JED J. FRENCH, JUDGE.
In 2008, Mr. Geisinger was charged with domestic violence assault. Shortly thereafter, the charge was dismissed by the District Attorney's Office on the ground of witness unavailability.
By letter dated October 23, 2019, Mr. Geisinger asks that the court seal or expunge the record of the charge, stating "every time I have a background check this charge comes up even though it's have [sic] been dismissed ...."
Mr. Geisinger is correct in noting that information relating to a charge that has been dismissed other than as part of a plea agreement may not be publicly disclosed pursuant to the Criminal History Record Information Act, 16 M.R.S. § 701 et seq. Section 703(2) of the Act provides that "[i]nformation disclosing that a criminal charge has been dismissed by a court with prejudice or dismissed with finality by a prosecutor other than as part of a plea agreement" constitutes "confidential criminal history information." See id. § 703(2)(G). The Act distinguishes such confidential criminal history record information from public criminal history record information, see id. § 702, and expressly provides that confidential criminal history record information may not be disseminated to the public. See id. § 707 ("A person is guilty of unlawful dissemination of confidential criminal history record information if the person intentionally disseminates confidential criminal history record information knowing it to be in violation of any of the provisions of this chapter ....").
Therefore, it is hereby ORDERED that information relating to Mr. Geisinger's dismissed 2008 domestic violence assault charge is confidential and does not constitute "public criminal history record information" and accordingly such criminal history record information may not be disclosed or disseminated except as specifically provided in 16 M.R.S. §705.