Involved in the Purchase or Sale of Government Records?
It's Illegal! Please Consider the Following:
Year after year, Maine has lost many historical records from the public arena to private collections, often outside the state. While private records are fair game on the open market, government records are not.
Periodically, the Archives becomes aware of government records (usually town records) which are for sale by dealers or private individuals. We have generally received excellent cooperation when we point out that all state and local (county, city, town, plantation) government records are the property of those governments and may not be sold or alienated.
5 MRSA 95-A, Protection and Recovery of Public Records governs, as the title suggests, the recovery of public records in Maine. A 2003 amendment clarifies that "A person may not sell or transfer a [public] record unless specifically authorized by law. A person who violates this subsection commits a Class D crime." (This does not apply to copies of public records.) Additionally, upon notice, records believed to be government records may not be sold, or given away until a final determination of their status is determined.
This notice is intended to acquaint you about the law and to help you, and us, avoid embarrassing and costly problems. The Archives Advisory Board establishes rules for the disposition of state and local government records that mandate the appropriate disposition for these records.
Examples of this include the following:
Ledgers recording the official business of cities, towns, or plantations, such as minutes of meetings, charters or records of organization, ordinances, etc. Documents recorded by municipal clerks and retained by them. Records of government institutions: poor farms, jails, public hospitals, reform schools, public schools.
Samples of Public Records that are the Property of Maine State or local governments:
1837 Militia Order
1877 School Agent Census Return
If you have any questions about the law or related policies, or if you believe that a government record is being offered for sale, please feel free to contact us. Help us maintain public access to our town, county and state records, thereby giving Maine citizens a chance to reflect on their heritage. Thanks.
This page was last updated on May 3, 2006
