In the state of Connecticut expungement is the process in which past criminal records are erased and destroyed. The erasing of these records is erasure through the operation of law and a retention clerk so they cannot be accessed by the public. Expunged files still exist and are just not accessible by the public. An individual who has applied for expungement may then be able to state that he or she never committed a crime or was never accused or arrested of a crime. After three years from the final verdict a person can apply for expungement of records.
Opening of Sealed Records
Even as these records are sealed, they can be accessed under extraneous circumstances where they may be searched, used, and retrieved by statutory authorization. Records will also be disclosed under the action of false arrest as noted in expunged files or due to a connection to perjury charges as brought to the court's attention from the prosecuting attorney. After two years of the disposition date of the case the conviction’s dismissal may be disclosed to the victim of the crime or his or her legal representative. This is a law as set by the Connecticut Statues Section 54-142c. When a crime has been decriminalized, an individual that has been charged may petition the court for permanent expungement according to Connecticut Statutes Section 54-142d.
Not all records may be expunged in the state of Connecticut—only some specific cases are eligible. However when an expungement has been granted several files come along with it. These include all police and court records as recorded and noted by the attorney assigned to the case and all other materials with accordance to the charge. Juvenile offenders may have all their records erased and anything associated to the case, including files of complaint, arrest, petitions, referrals, reports, and orders. These shall all be removed from all agencies in authority and all official and institutional files according to Connecticut Statute Section 54-76o. This legally sights that an offense never occurred nor the arrest or conviction.
Adult criminal charges that have been pardon, dismissed, decriminalized, nolled, or where an individual was found not guilty are eligible for expungement. However a person who was found not guilty in a court of law due to mental disease or mental defect is not eligible for this petitioning. Those that were found guilty but not criminally responsible by reason of mental defect or mental illness are also not eligible.
All person who have been sighted as youth offenders--under the age of twenty-one years of age and been adjudged as such--are also eligible for criminal record expungement. Children who have been found under delinquent charges who has been subsequently discharged from the care of the Department of Children and Families or the supervision of the Supreme Court are eligible for criminal record sealing.
Expungement files must be petition to the court in which the case was handled with all the correct information. If a judge sights that a case is not in the favor of the court, then the petition will be denied. See also:
Connecticut Misdemeanor External link (opens in new window)
Connecticut Felony External link (opens in new window)
Connecticut Gun Laws External link (opens in new window)