Connecticut Criminal Record Expungement

 

A criminal record is something that can haunt you for the rest of your life. Every time you have to fill out an application for a job, apartment, or even some licenses, you will need to disclose the fact that you have been convicted of a crime, making it more difficult for you to live your life and get the things you want.

 

Nationally, the federal government allows a process called expungement that can help alleviate this problem. If you have your record expunged, your criminal record will be sealed or erased so that no one in the public may access it, and you can legally fill out applications saying that you do not have a conviction on your record. Expungement laws vary from state to state, with some refusing to allow it altogether, but thankfully Connecticut is not one of those states.

 

How does expungement work in Connecticut?

 

In Connecticut, an individual must wait three years from the final verdict of their crime before they can apply for expungement of their record. If they are granted expungement, their criminal files will still exist, but they cannot be accessed by the public, and the individual may then legally say that they were never accused or arrested, and never committed a crime.

 

Can sealed or expunged Connecticut records be opened?

 

Yes. It is possible to access sealed records under certain circumstances where an agency or individual has received authorization to do so. Generally this access will be granted when it has been shown that there is probable cause to view the records. Disclosure of these records can also occur if they are found to have a connection to perjury charges or under the action of false arrest. Also, Connecticut Statutes Section 54-142c states that the dismissal of the crime will be disclosed to the victim or their legal representative after two years.

 

If, however, Connecticut decriminalizes a crime for which someone has previously been convicted, the individual who was charged can petition the court to received permanent expungement for the crime. This is in accordance with Connecticut Statutes Section 54-142d.

 

What records are eligible for Connecticut expungement?

 

Under Connecticut law, only certain cases are eligible for expungement. For adults that have been charged, these include any crimes that have been pardoned or dismissed, or in cases where an individual was found to be not guilty. Crimes that have since been decriminalized are also eligible for expungement. Expungement does not apply to adults found not guilty or guilty but not criminally responsible for their actions because of a mental defect or disease.

 

For youthful offenders – essentially, anyone under the age of 21 and who was tried as a juvenile – are eligible for expungement and may petition to have their records sealed or erased. Minors convicted of crimes who are later discharged from the Supreme Court’s supervision or the care of the Department of Children and Families may request to have their records sealed.

 

Which Connecticut criminal records are sealed?

 

When an expungement is granted in the state of Connecticut, this includes erasure or sealing of a number of files such as:

 

• All police records
• All court records
• All other materials related to the charge

 

The law goes even further for juvenile offenders. From their record, they may have all of the above erased as well as files of:

 

• Arrest
• Complaint
• Referrals
• Petitions
• Reports
• Orders

 

According to Connecticut Statute Section 54-76o, all of this information shall be removed from all official and institutional files and all agencies in authority. After this takes place, it legally means that the offense, arrest, and conviction never happened.

 

How can you have your Connecticut record expunged?

 

To receive expungement of an eligible record in Connecticut, the court that handled the case must be petitioned, making sure that you provide all of the correct information. Even then, the judge must believe that your expungement will be in the court’s best interests or he or she has the right to deny your petition. The best way to improve your chances of having an expungement approved is to work with a Connecticut lawyer on your case.