Chapter 961a - Criminal Records

Sec. 54-142a. (Formerly Sec. 54-90). Erasure of criminal records. (a) Whenever in any criminal case, on or after October 1, 1969, the accused, by a final judgment, is found not guilty of the charge or the charge is dismissed, all police and court records and records of any state's attorney pertaining to such charge shall be erased upon the expiration of the time to file a writ of error or take an appeal, if an appeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken. Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect.

(b) Whenever in any criminal case prior to October 1, 1969, the accused, by a final judgment, was found not guilty of the charge or the charge was dismissed, all police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased by operation of law and the clerk or any person charged with the retention and control of such records shall not disclose to anyone their existence or any information pertaining to any charge so erased; provided nothing in this subsection shall prohibit the arrested person or any one of his heirs from filing a petition for erasure with the court granting such not guilty judgment or dismissal, or, where the matter had been before a municipal court, a trial justice, the Circuit Court or the Court of Common Pleas in the Superior Court where venue would exist for criminal prosecution and thereupon all police and court records and records of the state's attorney, prosecuting attorney or prosecuting grand juror pertaining to such charge shall be erased. Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect.

(c) (1) Whenever any charge in a criminal case has been nolled in the Superior Court, or in the Court of Common Pleas, if at least thirteen months have elapsed since such nolle, all police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased, except that in cases of nolles entered in the Superior Court, Court of Common Pleas, Circuit Court, municipal court or by a justice of the peace prior to April 1, 1972, such records shall be deemed erased by operation of law and the clerk or the person charged with the retention and control of such records shall not disclose to anyone their existence or any information pertaining to any charge so erased, provided nothing in this subsection shall prohibit the arrested person or any one of his heirs from filing a petition to the court to have such records erased, in which case such records shall be erased.

(2) Whenever any charge in a criminal case has been continued at the request of the prosecuting attorney, and a period of thirteen months has elapsed since the granting of such continuance during which period there has been no prosecution or other disposition of the matter, the charge shall be nolled upon motion of the arrested person and such erasure may thereafter be effected or a petition filed therefor, as the case may be, as provided in this subsection for nolled cases.

(d) (1) Whenever prior to October 1, 1974, any person who has been convicted of an offense in any court of this state has received an absolute pardon for such offense, such person or any one of his heirs may, at any time subsequent to such pardon, file a petition with the Superior Court at the location in which such conviction was effected, or with the Superior Court at the location having custody of the records of such conviction or if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice court, in the Superior Court where venue would exist for criminal prosecution, for an order of erasure, and the Superior Court shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such offense be erased.

(2) Whenever such absolute pardon was received on or after October 1, 1974, such records shall be erased.

(e) (1) Except as provided in subdivision (2) and subdivision (3) of this subsection, whenever any person has been convicted in any court of this state of a classified or unclassified misdemeanor offense, or a class D or E felony or an unclassified felony offense carrying a term of imprisonment of not more than five years, any police or court record and record of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such conviction, or any record pertaining to court obligations arising from such conviction held by the Board of Pardons and Paroles shall be erased as follows: (A) For any classified or unclassified misdemeanor offense, such records shall be erased seven years from the date on which the court entered the convicted person's most recent judgment of conviction (i) by operation of law, if such offense occurred on or after January 1, 2000, or (ii) upon the filing of a petition on a form prescribed by the Office of the Chief Court Administrator, if such offense occurred prior to January 1, 2000; and (B) for any class D or E felony or an unclassified felony offense carrying a term of imprisonment of not more than five years, such records shall be erased ten years from the date on which the court entered the convicted person's most recent judgment of conviction (i) by operation of law, if such offense occurred on or after January 1, 2000, or (ii) upon the filing of a petition on a form prescribed by the Office of the Chief Court Administrator, if such offense occurred prior to January 1, 2000.

(2) Convictions for the following offenses shall not be eligible for erasure pursuant to this subsection:

(A) Any conviction designated as a family violence crime, as defined in section 46b-38a;

(B) Any conviction for an offense that is a nonviolent sexual offense or a sexually violent offense, each as defined in section 54-250;

(C) Any conviction for a class D felony offense that is a violation of section 53a-60a, 53a-60b, 53a-60c, 53a-64bb, 53a-72a, 53a-90a, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-196f, 53a-211, 53a-216, 53a-217a, 53a-322, 54-251, 54-252, 54-253 or 54-254 or subdivision (1) of subsection (a) of section 53a-189a; or

(D) Any conviction for a class A misdemeanor offense that is a violation of section 53a-61a, 53a-64cc or 53a-323.

(3) The provisions of subdivision (1) of this subsection shall not apply to any conviction for any offense until the defendant has completed serving the sentence imposed for any offense or offenses for which the defendant has been convicted.

(4) If a person has been convicted of a violation of subsection (c) of section 21a-279 prior to October 1, 2015, such conviction shall not be considered as a most recent offense when evaluating whether a sufficient period of time has elapsed for an offense to qualify for erasure pursuant to this subsection.

(5) Nothing in this subsection shall limit any other procedure for erasure of criminal history record information, as defined in section 54-142g, or prohibit a person from participating in any such procedure, even if such person's criminal history record information has been erased pursuant to this section.

(6) Nothing in this subsection shall be construed to require the Department of Motor Vehicles to erase criminal history record information on an operator's driving record. When applicable, the Department of Motor Vehicles shall make such criminal history record information available through the Commercial Driver's License Information System.

(f) (1) Whenever a person was convicted of one or more misdemeanors committed while such person was under eighteen years of age, and the offense or offenses occurred on or after January 1, 2000, and before July 1, 2012, all police and court records and records of the state's or prosecuting attorney shall be (A) erased, if such record is in an electronic record other than a scanned copy of a physical document, or (B) deemed erased by operation of law if such record is a scanned copy of a physical document or another record that is not electronic. This subdivision shall not apply to a motor vehicle offense, a violation under title 14 or a violation of section 51-164r. The clerk of the court or any law enforcement agency having information contained in such erased records shall not disclose to anyone, except the subject of the record, upon submission pursuant to guidelines prescribed by the Office of the Chief Court Administrator of satisfactory proof of the subject's identity, information pertaining to any charge erased under this subdivision and such clerk shall forward a notice of such erasure to any law enforcement agency and the state's or prosecuting attorney to which he or she knows information concerning the arrest has been disseminated directing that all law enforcement and records of the state's or prosecuting attorney pertaining to such case to be so erased or so deemed erased by operation of law.

(2) Whenever a person was convicted of one or more misdemeanors committed while such person was under eighteen years of age, and the offense or offenses occurred before January 1, 2000, such person may file a petition with the Superior Court at the location in which such conviction was effected for an order of erasure, and the Superior Court shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such case to be erased.

(3) Notwithstanding subsection (i) of this section, the provisions of this subsection shall not apply in cases in which there has been a conviction for any charge for which erasure would not apply arising from the same information as any erased conviction.

(g) (1) The clerk of the court or any law enforcement agency having information contained in such erased records shall not disclose to anyone, except the subject of the record, upon submission pursuant to guidelines prescribed by the Office of the Chief Court Administrator of satisfactory proof of the subject's identity, information pertaining to any charge erased under any provision of this section and such clerk shall forward a notice of such erasure to any law enforcement agency to which he knows information concerning the arrest has been disseminated and such disseminated information shall be erased from the records of such law enforcement agency. Such clerk shall provide adequate security measures to safeguard against unauthorized access to or dissemination of such records or upon the request of the accused cause the actual physical destruction of such records, except that such clerk shall not cause the actual physical destruction of such records until three years have elapsed from the date of the final disposition of the criminal case to which such records pertain.

(2) Any person who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

(h) Upon motion properly brought, the court or a judge of such court, if such court is not in session, shall order disclosure of such records (1) to a defendant in an action for false arrest arising out of the proceedings so erased, or (2) to the prosecuting attorney and defense counsel in connection with any perjury charges which the prosecutor alleges may have arisen from the testimony elicited during the trial, or any false statement charges, or any proceeding held pursuant to section 53a-40b, or (3) counsel for the petitioner and the respondent in connection with any habeas corpus or other collateral civil action in which evidence pertaining to a nolled or dismissed criminal charge may become relevant. Such disclosure of such records is subject also to any records destruction program pursuant to which the records may have been destroyed. The jury charge in connection with erased offenses may be ordered by the judge for use by the judiciary, provided the names of the accused and the witnesses are omitted therefrom.

(i) The provisions of this section shall not apply to any police or court records or the records of any state's attorney or prosecuting attorney with respect to any information or indictment containing more than one count (1) while the criminal case is pending, or (2) when the criminal case is disposed of unless and until all counts are entitled to erasure in accordance with the provisions of this section, except that when the criminal case is disposed of, electronic records or portions of electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section. Nothing in this section shall require the erasure of any information contained in the registry of protective orders established pursuant to section 51-5c. For the purposes of this subsection, “electronic record” means any police or court record or the record of any state's attorney or prosecuting attorney that is an electronic record, as defined in section 1-267, or a computer printout.

(j) An attorney of any person (1) who is the subject of any immigration matter in which disclosure of such person's criminal history record information may be required under federal law, (2) who has been convicted of an offense in any court of this state, and (3) whose criminal history record information has been erased pursuant to this chapter for such offense, may petition the Superior Court at the location in which such conviction was effected, or the Superior Court at the location having custody of the records of such conviction or if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice court, the Superior Court where venue would exist for criminal prosecution, for such records, and the Superior Court shall direct that all police and court records and records of the state's or prosecuting attorney pertaining to such offense be made available to such person's attorney, to the degree that such information has been retained.

(k) No fee shall be charged in any court with respect to any petition under this section.

(l) For the purposes of this section, “court records” shall not include a record or transcript of the proceedings made or prepared by an official court reporter, assistant court reporter or monitor.

(1949 Rev., S. 8840; 1963, P.A. 482; 642, S. 72; 1967, P.A. 181; 663; 1969, P.A. 229, S. 1; 1971, P.A. 635, S. 1; 1972, P.A. 20, S. 2; P.A. 73-276, S. 1, 2; P.A. 74-52, S. 1, 2; 74-163, S. 1–3; 74-183, S. 152, 291; P.A. 75-541, S. 1, 2; P.A. 76-345; 76-388, S. 4, 6; 76-436, S. 10a, 551, 681; P.A. 77-429; 77-452, S. 40, 41, 42, 72; P.A. 81-218, S. 1; P.A. 83-486, S. 7; P.A. 91-3; P.A. 93-142, S. 3, 8; P.A. 95-133, S. 1; P.A. 96-63, 96-79, S. 1; P.A. 99-215, S. 18, 29; P.A. 02-132, S. 60; P.A. 08-151, S. 1; P.A. 12-133, S. 23; P.A. 17-216, S. 5; P.A. 21-33, S. 10; P.A. 22-26, S. 34.)

History: 1963 acts substituted circuit court for court of common pleas, added provision for case when accused is found not guilty and provided for erasure of court records; 1967 acts added provisions re cases in common pleas, municipal and justice courts, reduced period to elapse before petition from three years to one year and added provisions requiring that petition have summons and proposed order appended, that copy of petition, summons and order be served at least 14 days before return day on specified persons, that clerk not disclose information pertaining to erased charge, that fee not be charged with respect to petition and that person subject of erasure order shall not be deemed to have been arrested ab initio with respect to erased proceedings; 1969 act inserted new provisions designated as Subsecs. (a) and (b) re final judgment of not guilty or dismissal of charges, designated previous provisions as Subsecs. (c) and (e), amending Subsec. (c) to remove references to judgments of not guilty and dismissal of charge for which application was previously same as for nolle and rephrasing Subsec. (e), and inserted new provisions re pardons as Subsec. (d); 1971 act deleted requirement that petition have summons and proposed order appended and that copy of petition, summons and proposed order be served at least 14 days before return day on specified persons; 1972 act added provisions applicable to continued cases in Subsec. (c); P.A. 73-276 deleted provisions re filing of petition with court granting nolle or with circuit court in matters pertaining to municipal court or justice of the peace and required that 13 months rather than one year have elapsed since nolle before petition filed; P.A. 74-52 amended Subsec. (c) to delete reference to nolles in common pleas court, municipal court or by justice of the peace, adding provision re nolles entered in those courts and in superior and circuit courts prior to April 1, 1972; P.A. 74-163 amended Subsec. (d) to specify applicability before or on and after October 1, 1974, added provisions in Subsec. (e) re forwarding of erasure notices, etc. and re storage or destruction of records and added Subsec. (f) re disclosure of records to accused or defendant; P.A. 74-183 amended section to reflect transfer of circuit court jurisdiction to common pleas court, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 75-541 restated Subsec., prohibiting law enforcement agencies from disclosing information, referring to law enforcement agencies generally, rather than to persons, bodies or agencies including state department of police and required that court records and records of state's or prosecuting attorneys be sealed, replacing reference to unspecified records and added Subsec. (g) clarifying applicability of provisions re police or court records or records of state's or prosecuting attorneys; P.A. 76-345 added provisions in Subsec. (b) re police and court records and records of state's or prosecuting attorney, substituted nolles in common pleas court for those in circuit court in Subsec. (c) pursuant to requirements of P.A. 74-183 and added provisions in Subsec. (f) re disclosure of records in connection with perjury charge, re disclosure subject to records destruction program and re use of jury charge; P.A. 76-388 specified applicability re office of chief judge of court of common pleas; P.A. 76-436 amended section to reflect transfer of all trial jurisdiction to superior court, deleting references to chief judge, clerk and prosecuting attorneys of common pleas and other lesser courts and adding references to chief court administrator, effective July 1, 1978; P.A. 77-429 authorized disclosure to hospital or institution where accused confined in Subsec. (f); P.A. 77-452 confirmed substitution of chief court administrator for chief judge of common pleas court and other related changes made in Subsecs. (b), (c) and (e); Sec. 54-90 transferred to Sec. 54-142a in 1979; P.A. 81-218 provided that in a criminal case where the accused is found not guilty, the charge shall be erased upon expiration of time to file a writ of error or appeal or upon final determination of the appeal sustaining a finding of not guilty, required retention and control of records in the records center of the judicial department rather than in the office of chief court administrator, allowed a charge to be construed as nolled only if the charge has been continued at the request of the prosecuting attorney, rather than continued in superior or common pleas court, allowed court to order disclosure of records upon application of the accused, replacing provision which allowed disclosure if court finds that nondisclosure “may be harmful to the accused in a civil action” and added references to indictments in Subsec. (g); P.A. 83-486 amended Subsec. (a) by adding provision that erasure is not required of record pertaining to a charge for which the defendant was found, by reason of mental disease or defect, not guilty or guilty but not criminally responsible, amended Subsec. (b) by adding provision that erasure is not required of record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect, and amended Subsec. (f) by deleting provision which authorized court to disclose records to “any hospital or institution to which an accused is confined under the provisions of section 53a-47”; P.A. 91-3 amended Subsec. (e) to permit disclosure of records to subject of record pursuant to guidelines of chief court administrator of satisfactory proof of identity and amended Subsec. (f) by deleting language re disclosure of records by the court to the accused; P.A. 93-142 added “or dismissed” after “nolled”; P.A. 95-133 amended Subsec. (g) by deleting language re any count of any information which was nolled or dismissed and substituted indictment or information “containing more than one count” and added provision re disclosure and nonerasure of such information or indictment; P.A. 96-63 added Subsec. (h) to provide that the term “court records” does not include a record or transcript of the proceedings made or prepared by an official court reporter, assistant court reporter or monitor; P.A. 96-79 amended Subsec. (e) to add exception prohibiting the actual physical destruction of such records until three years have elapsed from the date of the final disposition of the criminal case to which such records pertain; P.A. 99-215 amended Subsec. (g) by deleting former provision prohibiting erasure if conviction upon one or more counts of information and permitting disclosure of information or indictment and substituting provision prohibiting erasure while criminal case is pending or when criminal case is disposed unless and until all counts are entitled to erasure in accordance with the provisions of this section, effective June 29, 1999; P.A. 02-132 amended Subsec. (g) by adding provision re information contained in the registry of protective orders established pursuant to Sec. 51-5c, effective January 1, 2003; P.A. 08-151 inserted Subdiv. designators in Subsecs. (c), (d) and (e), substituted “except that” for “However” in Subsec. (c)(1), made a technical change in Subsec. (f), and amended Subsec. (g) to insert exception for electronic records released to the public in Subdiv. (2) and define “electronic record”, effective October 1, 2009; P.A. 12-133 amended Subsec. (c)(2) by substituting “nolled upon motion of the arrested person” for “construed to have been nolled as of the date of termination of such thirteen-month period”; P.A. 17-216 amended Subsec. (f) by substituting “shall order” for “may order”, adding provision re false statement charges in Subdiv. (2), adding Subdiv. (3) re habeas corpus or other collateral civil action, and making technical changes; P.A. 21-32 amended Subsec. (b) by replacing “with the records center of the Judicial Department” with “in the Superior Court where venue would exist for criminal prosecution”, amended Subsecs. (c)(1) and (d)(1) by deleting references to records center of Judicial Department and further amended Subsec. (d)(1) by adding reference to Superior Court where venue would exist and making technical changes, added new Subsec. (e) re erasure by operation of law or by petitioning process for misdemeanor or certain felony offenses, added new Subsec. (f) re erasure of misdemeanor offenses committed by person while under 18 years of age, redesignated existing Subsecs. (e) to (g) as Subsecs. (g) to (i), amended redesignated Subsec. (g) by deleting references to any person charged with retention and control of records in records center of Judicial Department in Subdiv. (1), deleting former Subdiv. (2) re prohibition on fee and redesignating existing Subdiv. (3) as Subdiv. (2), added Subsec. (j) re person subject to any immigration matter, added Subsec. (k) re prohibition on fee, and redesignated existing Subsec. (h) as Subsec. (l), effective January 1, 2023; P.A. 21-33 amended Subsec. (e)(2) by making a technical change in Subpara. (B), and adding Subpara. (C) re conviction of certain Class D felonies, Subpara. (D) re conviction of certain Class A misdemeanor offenses and Subpara. (E) re conviction of offense for which defendant has not served or completed serving sentence, effective January 1, 2023; P.A. 22-26 amended Subsec. (e)(1) by adding reference to Subdiv. (3), amended Subsec. (e)(2) by making a technical change in Subpara. (D) and deleting former Subpara. (E) re conviction of offense for which defendant has not served or completed serving sentence, added new Subsec. (e)(3) re provisions of Subsec. (e)(1) not applying to conviction for offense until defendant has completed serving sentence imposed and redesignated existing Subsecs. (e)(3) to (e)(5) as Subsecs. (e)(4) to (e)(6), effective January 1, 2023.

See Sec. 29-15 re return of fingerprints, pictures and descriptions, etc. to persons found not guilty or whose cases are dismissed or nolled.

See Sec. 46b-146 re erasure of police and court records of delinquent children.

See Sec. 54-76o re erasure of police and court records of youthful offenders.

Annotations to former section 54-90:

All police and court records include transcripts of criminal proceedings; prohibition against disclosure of information includes transcripts and applies to everyone. 165 C. 152. Application of statute to claim of denial of right to speedy trial. 174 C. 89.

Cited. 29 CS 333; Id., 344; 30 CS 108; Id., 181; Id., 197; Id., 211; 31 CS 179. Preliminary motions in criminal cases entitled State v. Anonymous, in view of section. Id., 292; Id., 353. Cited. 32 CS 304; 33 CS 55. Subsec. (f) must be construed to allow disclosure not only to defendant in action for false arrest but also to defendant in action for malicious prosecution. Id., 158. Cited. 34 CS 527; Id., 656. Subsec. (c) applies where nolle was properly and unconditionally entered. 35 CS 516.

Cited. 6 Conn. Cir. Ct. 655; Id., 667; Id., 751, 752.

Annotations to present section:

Cited. 179 C. 617. Fingerprints, pictures and description and other identification data regulated by Sec. 29-15 are not among the records whose disclosure is governed by this statute. 192 C. 488. Because disputed testimony was based on personal knowledge independent of the erased records, statute did not bar its admission. 200 C. 440. Cited. 201 C. 517; 206 C. 100. Act not intended to obliterate memory or to exclude any testimony not shown to have been derived from erased records. 216 C. 541. Cited. 227 C. 641; 232 C. 922; 237 C. 339. Although the state may not use the erased records to prove the basis for the sentence enhancement, the erasure provisions of this section do not prohibit the imposition of a sentence enhancement pursuant to Sec. 53a-40b after the records pertaining to the charges for which defendant was on pretrial release have been erased; this section and Sec. 54-142c do not categorically preclude the state from seeking to establish basis for sentence enhancement by use of evidence other than erased records. 319 C. 494.

Defendant was entitled to erasure under statute; confidentiality afforded by Sec. 46b-11 does not sufficiently protect this right. 2 CA 472. Cited. 3 CA 590. Statute does not prevent police officers from testifying at subsequent parole hearing. 5 CA 343. Cited. 10 CA 103; 11 CA 224; 20 CA 737; 37 CA 62; judgment reversed, see 237 C. 501; 38 CA 777; 40 CA 705; judgment reversed, see 240 C. 590; 41 CA 649. When a law enforcement officer has been ordered by the court to vacate an arrest warrant, this is a mandatory duty; failure to do so may not be excused by governmental immunity. 110 CA 389. Trial court had no authority to impose sentence enhancement for crime committed while released on bond when, prior to sentencing, the records relating to the arrests that led to defendant's release on bond had been erased pursuant to section. 146 CA 641; judgment reversed in part, see 319 C. 494.

Cited. 35 CS 186. Early release of transcripts to defendants during criminal trial not a violation of statute since, in event of acquittal, they would be entitled to them under provisions of Subsec. (f). 36 CS 9. Information contained in records automatically erased is unavailable to state in further proceedings. Id., 91. Cited. 38 CS 661; 40 CS 20; Id., 38; Id., 38; Id., 498; 41 CS 356.

Subsec. (b):

Term “records” does not include evidence obtained by police in the course of an investigation, nor does it preclude testimony of witnesses as to their personal recollection of events. 68 CA 596.

Subsec. (c):

Cited. 179 C. 1; 180 C. 153; 185 C. 199; 197 C. 602; 198 C. 435; 200 C. 453; 209 C. 52; Id., 133. Given that a dismissal or erasure pursuant to Subsec. (a) or (b) would trigger application of Sec. 53-39a, court concluded same result should follow erasure of records of a nolled case under this Subsec.; judgment of Appellate Court in 40 CA 705 reversed. 240 C. 590. In a matter where pretrial conference failed to result in agreement, statement by state to court that “case is going to remain on the firm trial list” did not equate to continuance at request of the prosecuting attorney; the phrase “continued at the request of the prosecuting attorney” requires an explicit, overt act of asking for continuance on part of state; Supreme Court does not adopt Appellate Court's interpretation of this section as speedy trial statute because such interpretation undermines and is inconsistent with Secs. 54-82c, 54-82d, 54-82l and 54-82m in terms of finality provided by said sections and specific procedural requirements contained therein. 286 C. 666.

Explicit request required from state to continue case and statement indicating that case is to remain on firm trial list is not sufficient for continuance under statute. 99 CA 579.

Information contained in records automatically erased after nolle is unavailable to the state in the preparation of a new warrant. 36 CS 91.

Subsec. (d):

Meaning of “court records” discussed and construed. 183 C. 183.

Subsec. (e):

Cited. 208 C. 411. By filing notice of intent to institute an action against town, defendant has waived provision of Subsec. that would otherwise permit him to have his arrest records destroyed; judgment of Appellate Court in 37 CA 62 reversed. 237 C. 501.

Subsec. (f):

By filing notice of intent to institute an action against town, defendant has waived nondisclosure provision of Subsec.; judgment of Appellate Court in 37 CA 62 reversed. 237 C. 501.

Subsec. (h):

Court properly prospectively applied “court records” exclusion and properly concluded that plaintiff's right to erasure did not vest until he was found not guilty on March 22, 2000. 67 CA 221.

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Sec. 54-142b. (Formerly Sec. 54-90a). Erasure of record of girl found guilty of being in manifest danger. Any person who has been found guilty under section 17-379 or any statute predecessor thereto, if she has been convicted of no other offense prior to her twenty-first birthday, may file a petition with the court by which she was found guilty, or, if such finding was by a trial justice or municipal court or the Circuit Court, to the Office of the Chief Court Administrator for an order of erasure, and such court shall thereupon order all police and court records and records of the state's or prosecuting attorney pertaining to such case to be erased.

(1971, P.A. 192; P.A. 74-183, S. 153, 291; P.A. 75-567, S. 23, 80; P.A. 76-336, S. 12; 76-436, S. 552, 681; P.A. 77-452, S. 43, 72.)

History: P.A. 74-183 revised section to reflect transfer of circuit court jurisdiction to court of common pleas, effective December 31, 1974; P.A. 75-567 specified applicability of Sec. 17-379 of “Revision of 1958, Revised to 1968” but added language was not codified; P.A. 76-336 applied provisions to persons “found guilty” under Sec. 17-379 rather than to persons “committed to any institution” under that section; P.A. 76-436 referred to persons “convicted” under Sec. 17-379 rather than to those “found guilty” and required filing of erasure petition to office of chief court administrator rather than to common pleas court for commitments by trial justice, municipal court or circuit court, reflecting transfer of all trial jurisdiction to superior court and reorganization of judicial system, effective July 1, 1978; P.A. 77-452 restored reference to persons “found guilty” under Sec. 17-379; Sec. 54-90a transferred to Sec. 54-142b in 1979.

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Sec. 54-142c. Disclosure of erased records. (a) The clerk of the court or any person charged with retention and control of erased records by the Chief Court Administrator or any criminal justice agency having information contained in such erased records shall not disclose to anyone the existence of such erased records or information pertaining to any charge erased under any provision of this part, except as otherwise provided in this chapter.

(b) Notwithstanding any provision of this chapter, not later than two years from the date on which the records of any case are erased, the clerk of the court or any person charged with retention and control of erased records by the Chief Court Administrator or any criminal justice agency having information contained in such erased records may disclose to the victim of a crime or the victim's legal representative the fact that the case was dismissed. If such disclosure contains information from erased records, the identity of the defendant or defendants shall not be released, except that any information contained in such records, including the identity of the person charged may be released to the victim of the crime or the victim's representative upon written application by such victim or representative to the court stating (1) that a civil action has been commenced for loss or damage resulting from such act, (2) the intent to bring a civil action for such loss or damage, (3) that a civil action has been commenced pursuant to section 53a-28a for enforcement of an order of financial restitution, or (4) the intent to bring a civil action pursuant to section 53a-28a for an order of financial restitution. Any person who obtains criminal history record information by falsely representing to be the victim of a crime or the victim's representative shall be guilty of a class D felony.

(P.A. 78-200, S. 15; P.A. 81-117; 81-218, S. 2; P.A. 88-278, S. 3, 4; P.A. 99-277, S. 2; P.A. 00-196, S. 43; P.A. 03-19, S. 128; P.A. 13-258, S. 119; P.A. 22-26, S. 35.)

History: P.A. 81-117 added Subsec. (b) re release of information contained in erased records to crime victim or his legal representative; P.A. 81-218 prohibited disclosure of information re any charge erased under part I, rather than part II, of this chapter, except as otherwise provided in chapter; P.A. 88-278 amended Subsec. (b) to permit information and identity of person contained in erased records to be released to victim upon written application stating civil action has been commenced or intent to bring civil action; P.A. 99-277 amended Subsec. (b) by changing “one year” to “two years” from the date of disposition of the case and making technical changes; P.A. 00-196 made a technical change in Subsec. (b); P.A. 03-19 made technical changes in Subsec. (a), effective May 12, 2003; P.A. 13-258 amended Subsec. (b) to change penalty from fine of not more than $5,000 or imprisonment of not less than 1 year or more than 5 years to a class D felony; P.A. 22-26 amended Subsec. (b) by replacing “within two years from the date of disposition of any case” with “not later than two years from the date on which the records of any case are erased”, adding Subdivs. (3) and (4) re release of information to victim or representative for civil action relating to restitution pursuant to Sec. 53a-28a and making technical changes, effective January 1, 2023.

Cited. 183 C. 183; 200 C. 440; 237 C. 339. This section and Sec. 54-142a do not categorically preclude the state from seeking to establish basis for sentence enhancement by use of evidence other than erased records. 319 C. 494.

Cited. 20 CA 737; 40 CA 705; judgment reversed, see 240 C. 590.

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Sec. 54-142d. Erasure of record of decriminalized offense. Exceptions. Whenever any person has been convicted of an offense in any court in this state and such offense has been decriminalized subsequent to the date of such conviction, such person may file a petition with the Superior Court at the location in which such conviction was effected, or with the Superior Court at the location having custody of the records of such conviction if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice, in the Superior Court where venue would currently exist for criminal prosecution, for an order of erasure, and the Superior Court shall immediately direct all police and court records and records of the state's or prosecuting attorney pertaining to such offense to be erased. The provisions of this section shall not apply to any police or court records, or the records of any state's attorney, with respect to any information containing more than one count, unless and until all counts in the information are entitled to erasure, except that electronic records or portions of electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section.

(P.A. 83-6; P.A. 21-32, S. 4; P.A. 22-26, S. 36; 22-37, S. 40.)

History: P.A. 21-32 deleted references to records center of Judicial Department, added “in the Superior Court where venue would currently exist for criminal prosecution,”, added “immediately” re directing destruction of certain records, and made a technical change, effective January 1, 2023; P.A. 22-26 replaced “physically destroyed” with “erased” and added provision re section not applying to certain records containing more than one count until all counts in the information are entitled to erasure, effective January 1, 2023; P.A. 22-37 made technical changes, effective January 1, 2023.

Sec. 21a-279a reduced penalty for possessing less than one-half ounce of marijuana to a fine and therefore decriminalized said possession for purposes of this section. 315 C. 861. In the absence of a factual record, trial court directed to conduct an evidentiary hearing to determine whether defendant possessed less than one-half ounce of marijuana and, thus, whether defendant's record of conviction is entitled to erasure under section. 323 C. 756. Section does not compel erasure of probation violation that was premised on now decriminalized offense of possession of less than one-half ounce of marijuana under Sec. 21a-279a; “such case” can refer only to the case in which the person has been convicted of an offense in any court in this state and such offense has been decriminalized subsequent to the date of such conviction; “such case” cannot refer to a probation violation, which is more akin to a civil proceeding. 332 C. 639.

An act that constitutes a crime under the Penal Code is an offense under section; decriminalization of an act under Sec. 53a-71(a)(1) in P.A. 07-143 entitled person with prior conviction for committing such act to erasure and destruction of records under this section, and repeal of Sec. 53a-71 in its entirety was not required for such erasure and destruction of records. 142 CA 21. Offense was not decriminalized when reclassified as a violation because actual legalization was necessary to constitute decriminalization under section. 147 CA 232; judgment reversed in part, see 315 C. 861.

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Sec. 54-142e. Judicial Department or criminal justice agency to make available information to identify erased records. Duty of consumer reporting agency or background screening provider to update and delete erased criminal records. (a) Notwithstanding the provisions of subsection (g) of section 54-142a and section 54-142c, with respect to any person, including, but not limited to, a consumer reporting agency as defined in subsection (i) of section 31-51i, or a background screening provider or similar data-based service or company, that purchases criminal matters of public record, as defined in said subsection (i), from the Judicial Department or any criminal justice agency pursuant to subsection (b) of section 54-142g, the department or such criminal justice agency shall make available to such person information concerning such criminal matters of public record that have been erased pursuant to section 54-142a. Such information may include docket numbers or other information that permits the person to identify and permanently delete records that have been erased pursuant to section 54-142a.

(b) Each person, including, but not limited to, a consumer reporting agency or background screening provider or similar data-based service or company, that has purchased records of criminal matters of public record from the Judicial Department or any criminal justice agency shall, prior to disclosing such records, (1) purchase from the Judicial Department or such criminal justice agency, on a monthly basis or on such other schedule as the Judicial Department or such criminal justice agency may establish, any updated criminal matters of public record or information available for the purpose of complying with this section, and (2) update its records of criminal matters of public record to permanently delete such erased records not later than thirty calendar days after receipt of information on the erasure of criminal records pursuant to section 54-142a. Such person shall not further disclose such erased records.

(P.A. 08-53, S. 2; P.A. 10-32, S. 152; P.A. 16-83, S. 2; P.A. 21-32, S. 6; June Sp. Sess. P.A. 21-1, S. 10; P.A. 22-26, S. 37.)

History: P.A. 08-53 effective May 1, 2008; P.A. 10-32 made a technical change in Subsec. (a), effective May 10, 2010; P.A. 16-83 replaced reference to Sec. 31-51i(h) with reference to Sec. 31-51i(i), effective June 1, 2016; P.A. 21-32 added references to background screening provider or similar data-based service or company and criminal justice agency throughout, changed reference to Sec. 54-142a(e) to reference to Sec. 54-142a(g) in Subsec. (a) and added 30 calendar day deadline for deletion in Subsec. (b)(2), effective January 1, 2023; June Sp. Sess. P.A. 21-1 added references to background screening provider or similar data-based service or company and criminal justice agency throughout and added 30 calendar day deadline for deletion in Subsec. (b)(2), effective January 1, 2023; P.A. 22-26 amended Subsec. (a) by making a technical change, effective January 1, 2023.

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Sec. 54-142f. Council on the Collateral Consequences of a Criminal Record. Established. Membership. Chairpersons. Administrative staff. Report. (a) There is established a Council on the Collateral Consequences of a Criminal Record, which shall be part of the Legislative Department. The Council on the Collateral Consequences of a Criminal Record shall study discrimination faced by people in Connecticut living with a criminal record and develop recommendations for legislation to reduce or eliminate discrimination based on a person's criminal history.

(b) The council shall consist of the following members: (1) The House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees or the chairperson's designee, who shall be a member of the General Assembly; (2) the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees or the chairperson's designee, who shall be a member of the General Assembly; (3) the House and Senate ranking members or their designees, who shall be members of the General Assembly; (4) the undersecretary of the Office of Policy and Management Criminal Justice Policy and Planning Division, or the undersecretary's designee; (5) the Commissioner of Correction, or the commissioner's designee; (6) The Labor Commissioner, or the commissioner's designee; (7) the Commissioner of Consumer Protection, or the commissioner's designee; (8) the executive director of the Connecticut Commission on Human Rights and Opportunities, or the executive director's designee; (9) the executive director of the Commission on Women, Children, Seniors, Equity and Opportunity, or the executive director's designee; (10) a justice-impacted person, to be appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (11) a representative from the American Civil Liberties Union of Connecticut, to be appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (12) a representative from the Connecticut Coalition for Achievement Now, to be appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (13) a representative from the Connecticut Coalition to End Homelessness, to be appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (14) a representative from the Institute for Municipal and Regional Policy at The University of Connecticut, to be appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (15) a representative from the Katal Center for Health, Equity, and Justice, to be appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (16) a representative from the National Council for Incarcerated and Formerly Incarcerated Women and Girls, to be appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (17) a representative from the New Haven Legal Assistance Association Reentry Clinic, to be appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (18) a representative from the Service Employees' International Union, Local 32BJ, to be appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; and (19) a representative from Voices of Women of Color, to be appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees.

(c) The House and Senate chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees shall serve as the chairpersons of the council.

(d) The chairpersons of the council shall schedule the first meeting of the council, which shall be held not later than sixty days after July 1, 2019. Thereafter, the council shall meet upon the call of the chairpersons or upon the call of a majority of the council members. The council shall hold not less than three public forums in Connecticut communities to allow the public to provide input on the focus of the council.

(e) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees shall serve as administrative staff of the council.

(f) Not later than February 1, 2020, the council shall submit a report, in accordance with the provisions of section 11-4a, on its legislative recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees.

(P.A. 19-142, S. 1; June Sp. Sess. P.A. 21-2, S. 27.)

History: P.A. 19-142 effective July 1, 2019 (Revisor's note: Pursuant to P.A. 19-117, “Commission on Equity and Opportunity” was changed editorially by the Revisors to “Commission on Women, Children, Seniors, Equity and Opportunity”); June Sp. Sess. P.A. 21-2 amended Subsec. (b)(14) by adding “at The University of Connecticut”.

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PART II*

SECURITY AND PRIVACY OF CRIMINAL RECORDS

*Cited. 40 CA 705; judgment reversed, see 240 C. 590.

Sec. 54-142g. Definitions. For purposes of this part and sections 29-11 and 54-142c, the following definitions shall apply:

(a) “Criminal history record information” means court records and information compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender notations of arrests, releases, detentions, indictments, informations, or other formal criminal charges or any events and outcomes arising from those arrests, releases, detentions, including pleas, trials, sentences, appeals, incarcerations, correctional supervision, paroles and releases; but does not include intelligence, presentence investigation, investigative information or any information which may be disclosed pursuant to subsection (f) of section 54-63d.

(b) “Criminal justice agency” means any court with criminal jurisdiction, the Department of Motor Vehicles or any other governmental agency created by statute which is authorized by law and engages, in fact, as its principal function in activities constituting the administration of criminal justice, including, but not limited to, organized municipal police departments, the Division of Criminal Justice, the Department of Emergency Services and Public Protection, including the Division of State Police, the Department of Correction, the Court Support Services Division, the Office of Policy and Management, the state's attorneys, assistant state's attorneys and deputy assistant state's attorneys, the Board of Pardons and Paroles, the Chief Medical Examiner and the Office of the Victim Advocate. “Criminal justice agency” includes any component of a public, noncriminal justice agency if such component is created by statute and is authorized by law and, in fact, engages in activities constituting the administration of criminal justice as its principal function.

(c) “Conviction information” means criminal history record information which has not been erased, as provided in section 54-142a, and which discloses that a person has pleaded guilty or nolo contendere to, or was convicted of, any criminal offense, and the terms of the sentence.

(d) “Current offender information” means information on the current status and location of all persons who (1) are arrested or summoned to appear in court; (2) are being prosecuted for any criminal offense in Superior Court; (3) have an appeal pending from any criminal conviction; (4) are detained or incarcerated in any correctional facility in this state; or (5) are subject to the jurisdiction or supervision of any probation, parole or correctional agency in this state, including persons transferred to other states for incarceration or supervision.

(e) “Nonconviction information” means (1) criminal history record information that has been “erased” pursuant to section 54-142a; (2) information relating to persons granted youthful offender status; (3) continuances which are more than thirteen months old. Nonconviction information does not mean conviction information or current offender information.

(f) “Disclosure” means the communication of information to any person by any means.

(g) “Dismissal” means (1) prosecution of the charge against the accused was declined pursuant to rules of court or statute; or (2) the judicial authority granted a motion to dismiss pursuant to rules of court or statute; or (3) the judicial authority found that prosecution is no longer possible due to the limitations imposed by section 54-193.

(P.A. 78-200, S. 1; 78-303, S. 85, 136; P.A. 79-398; P.A. 80-190, S. 13; 80-193; P.A. 81-437, S. 5, 12; 81-472, S. 96, 159; P.A. 82-346, S. 4, 7; 82-472, S. 170, 183; P.A. 83-587, S. 80, 96; June Sp. Sess. P.A. 98-1, S. 75, 121; P.A. 99-186, S. 12; P.A. 00-20, S. 1, 4; P.A. 02-132, S. 49; P.A. 04-234, S. 2; P.A. 21-32, S. 33.)

History: P.A. 78-303 allowed substitution of division of state police for state police department in Subdiv. (b) reflecting department's incorporation as division within the department of public safety pursuant to P.A. 77-614; P.A. 79-398 redefined “nonconviction information” to exclude nolles that have not been erased and information with a substitute information which were previously expressly included; P.A. 80-190 deleted coroners from definition of “criminal justice agency”; P.A. 80-193 included court records as “criminal history record information”; P.A. 81-437 amended Subsec. (a) to include any information which may be disclosed pursuant to Subsec. (d) of Sec. 54-63d; P.A. 81-472 made technical corrections; P.A. 82-346 deleted the Connecticut justice commission from the definition of “criminal justice agency”; P.A. 82-472 changed effective date of P.A. 82-346 from July 1, 1982, to January 1, 1983; P.A. 83-587 included the office of policy and management within the definition of “criminal justice agency”; June Sp. Sess. P.A. 98-1 made technical changes in Subsec. (b), effective June 24, 1998; P.A. 99-186 amended Subsec. (a) to make a technical change in a statutory reference; P.A. 00-20 amended Subsec. (b) to include the Office of the Victim Advocate within the definition of “criminal justice agency”, effective April 25, 2000; P.A. 02-132 amended Subsec. (b) by replacing “Office of Adult Probation” with “the Court Support Services Division”, deleting “bail commissioners” and making technical changes; P.A. 04-234 replaced Board of Pardons and Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 21-32 redefined “criminal justice agency” in Subsec. (b), effective January 1, 2023.

Cited. 183 C. 183; 186 C. 153, 158.

Cited. 40 CA 705; judgment reversed, see 240 C. 590; 41 CA 649.

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Sec. 54-142h. Data collection; audit; maintenance of records and log. (a) All criminal justice agencies that collect, store or disseminate criminal history record information shall institute a process of data collection, entry, storage and systematic audit that will minimize the possibility of recording and storing inaccurate criminal history record information, and shall notify, upon the discovery of any such inaccuracy, all criminal justice agencies known to have received such information. The Division of Criminal Justice may give advice to criminal justice agencies concerning the collection, storage and dissemination of criminal history record information, provided the giving of such advice shall not interfere with the duties or supersede the authority of the state librarian or public records administrator with respect to public records.

(b) For the purpose of verifying the completeness and accuracy of criminal history record information collected and maintained by criminal justice information agencies subject to Title 28, Chapter 1, Part 20 of the Code of Federal Regulations, the Division of Criminal Justice shall conduct an annual audit of the records maintained by such agencies. Said division shall provide for a random sample of criminal justice agencies to be audited each year.

(c) Criminal justice agencies subject to such audits shall maintain and retain records that will facilitate such audits, including, but not limited to, the keeping of a log which chronologically records the date nonconviction record information was disclosed, the information disclosed, how or where the information was obtained and the person or criminal justice agency to whom the information was disseminated. Such log shall be maintained for a minimum period of twelve months. It shall not be necessary to log the disclosure of nonconviction record information to any authorized officer or employee within such agency.

(P.A. 78-200, S. 8; P.A. 82-346, S. 5, 7; 82-472, S. 170, 183; P.A. 92-134, S. 1.)

History: P.A. 82-346 replaced Connecticut justice commission with the division of criminal justice as auditor of records in Subsec. (b); P.A. 82-472 changed effective date of P.A. 82-346 from July 1, 1982, to January 1, 1983; P.A. 92-134 amended Subsec. (a) to add provision authorizing the division of criminal justice to give advice to criminal justice agencies re collection, storage and dissemination of criminal history record information.

Cited. 183 C. 183.

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Sec. 54-142i. Duties of criminal justice agencies re collection, storage and dissemination of criminal history record information. All criminal justice agencies which collect, store or disseminate criminal history record information shall:

(1) Screen and have the right to reject for employment, based on good cause, all personnel to be authorized to have direct access to criminal history record information;

(2) Initiate or cause to be initiated administrative action that could result in the transfer or removal of personnel authorized to have direct access to such information when such personnel violate the provisions of these regulations or other security requirements established for the collection, storage or dissemination of criminal history record information;

(3) Provide that direct access to computerized criminal history record information shall be available only to authorized officers or employees of a criminal justice agency, and, as necessary, other authorized personnel essential to the proper operation of a criminal history record information system, except that the Judicial Branch may provide disclosable information from its combined criminal and motor vehicle information systems or from its central computer system containing issued warrants and other criminal process as provided in section 54-2a to the public electronically, including through the Internet, in accordance with guidelines established by the Chief Court Administrator;

(4) Provide that each employee working with or having access to criminal history record information shall be made familiar with the substance and intent of the provisions in this section;

(5) Whether manual or computer processing is utilized, institute procedures to assure that an individual or agency authorized to have direct access is responsible for the physical security of criminal history record information under its control or in its custody, and for the protection of such information from unauthorized access, disclosure or dissemination. The State Police Bureau of Identification shall institute procedures to protect both its manual and computerized criminal history record information from unauthorized access, theft, sabotage, fire, flood, wind or other natural or man-made disasters;

(6) Where computerized data processing is employed, institute effective and technologically advanced software and hardware designs to prevent unauthorized access to such information and restrict to authorized organizations and personnel only, access to criminal history record information system facilities, systems operating environments, systems documentation, and data file contents while in use or when stored in a media library; and

(7) Develop procedures for computer operations which support criminal justice information systems, whether dedicated or shared, to assure that: (A) Criminal history record information is stored by the computer in such a manner that it cannot be modified, destroyed, accessed, changed purged, or overlaid in any fashion by noncriminal justice terminals; (B) operation programs are used that will prohibit inquiry, record updates, or destruction of records, from any terminal other than criminal justice system terminals which are so designated; (C) the destruction of records is limited to designated terminals under the direct control of the criminal justice agency responsible for creating or storing the criminal history record information; (D) operational programs are used to detect and store for the output of designated criminal justice agency employees all unauthorized attempts to penetrate any criminal history record information system, program or file; (E) the programs specified in subparagraphs (B) and (D) of this subdivision are known only to criminal justice agency employees responsible for criminal history record information system control or individuals or agencies pursuant to a specific agreement with the criminal justice agency to provide such programs and the programs are kept continuously under maximum security conditions.

(P.A. 78-200, S. 6; P.A. 99-215, S. 19, 29; P.A. 10-43, S. 28.)

History: P.A. 99-215 amended Subsec. (c) by adding exception for judicial branch to provide disclosable information from combined criminal and motor vehicle systems to the public electronically in accordance with guidelines by Chief Court Administrator, effective June 29, 1999; P.A. 10-43 replaced alphabetic Subdiv. designators with numeric designators, amended Subdiv. (3) to include in exception disclosable information from Judicial Branch's central computer system containing issued warrants and other criminal process and amended Subdiv. (7) to replace numeric Subpara. designators with alphabetic designators and make technical changes.

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Sec. 54-142j. Adoption of regulations and procedures. The Commissioner of Emergency Services and Public Protection shall adopt regulations to establish procedures for criminal justice agencies to query the central repository prior to dissemination of any criminal history disposition information to assure that the most up to date disposition data is being used. Inquiries to the State Police Bureau of Identification shall be made prior to any dissemination except in those cases where time is of the essence and the repository is technically incapable of responding within the necessary time period.

(P.A. 78-200, S. 9; P.A. 11-51, S. 134.)

History: Pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011.

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Sec. 54-142k. Availability of conviction information and nonconviction information. (a) Each person or agency holding conviction information or nonconviction information shall establish reasonable hours and places of inspection of such information.

(b) Each person or agency holding conviction information or nonconviction information shall (1) update such information promptly whenever related criminal history record information is erased, modified or corrected or when a pardon is granted; and (2) post on any conviction information or nonconviction information available to the public a notice that the criminal history record information may change daily due to erasures, corrections, pardons and other modifications to individual criminal history record information and that the person or agency cannot guarantee the accuracy of the information except with respect to the date the information is disclosed or obtained.

(d) Nonconviction information shall be available to the subject of the information and to the subject's attorney pursuant to this subsection and subsection (e) of this section. Any person shall, upon satisfactory proof of the person's identity, be entitled to inspect, for purposes of verification and correction, any nonconviction information relating to the person and upon the person's request shall be given a computer printout or photocopy of such information for which a reasonable fee may be charged, provided no erased record may be released except as provided in subsection (h) of section 54-142a. Before releasing any exact reproductions of nonconviction information to the subject of the information, the agency holding such information may remove all personal identifying information from such reproductions.

(e) Any person may authorize, in writing, an agency holding nonconviction information pertaining directly to the person to disclose such information to the person's attorney. The holding agency shall permit such attorney to inspect and obtain a copy of such information if both the attorney's identity and that of the attorney's client are satisfactorily established, provided no erased record may be released unless the attorney attests to such attorney's client's intention to challenge the accuracy of such record.

(f) Any person who obtains nonconviction information by falsely representing to be the subject of the information shall be guilty of a class D felony.

(P.A. 78-200, S. 10; P.A. 79-631, S. 12, 111; P.A. 80-218; June Sp. Sess. P.A. 83-29, S. 78, 82; P.A. 85-604; P.A. 89-28; P.A. 90-104; P.A. 92-134, S. 2; 92-262, S. 16, 42; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 94-117, S. 2; P.A. 05-152, S. 10; P.A. 07-243, S. 2; P.A. 21-32, S. 8.)

History: P.A. 79-631 substituted reference to Sec. 54-142a(f) for reference to Sec. 54-90(j) in Subsec. (c); P.A. 80-218 added Subsec. (f) re disclosure of criminal conviction information to department of children and youth services or other youth service agencies; June Sp. Sess. P.A. 83-29 added Subsec. (g) re disclosure of criminal conviction record information to the department of mental retardation and confidentiality of such information; P.A. 85-604 added Subsecs. (h) and (i) re disclosure of criminal conviction information to the departments of human resources and health services and confidentiality of such information; P.A. 89-28 added Subsec. (j) re disclosure of criminal conviction information to family division of superior court and confidentiality of such information; P.A. 90-104 added Subsec. (k) re access to records by department of mental health; P.A. 92-134 added Subsec. (l) re disclosure of criminal conviction information to Attorney General or an attorney representing a party in any juvenile matter and confidentiality of such information; P.A. 92-262 added Subsec.(m) concerning the department of education's right to criminal conviction records of applicants for certification and persons certified under Sec. 10-145b; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 94-117 amended Subsec. (b) to provide that conviction information shall be available to public for any purpose, amended Subsec. (e) by adding phrase “other than conviction information” and changed “record” to “information” and deleted Subsecs. (f) to (m), inclusive, re access of various agencies to criminal conviction records of certain people; P.A. 05-152 amended Subsec. (a) by replacing “criminal history record information” with “conviction information or nonconviction information”, amended Subsec. (c) by adding provision re availability of nonconviction information to the subject of the information and such person's attorney and by making technical changes, made a technical change in Subsec. (d) and amended Subsec. (e) by replacing “criminal history record information other than conviction information” with “nonconviction information”; P.A. 07-243 added new Subsec. (b) re update of information and posting of notice, redesignated existing Subsecs. (b) to (e) as Subsecs. (c) to (f) and made technical changes; P.A. 21-32 substituted reference to Sec. 54-142a(h) for reference to Sec. 54-142a(f) in Subsec. (d), effective January 1, 2023.

Cited. 183 C. 183.

Cited. 36 CS 89.

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Sec. 54-142l. Challenge to completeness or accuracy of record. (a) A person may challenge the completeness and accuracy of such information by giving written notice of his challenge to the State Bureau of Identification and to the agency at which he inspected the information, if other than the State Police Bureau of Identification. The notice shall contain a sworn statement that the information in or supporting the challenge is accurate and that the challenge is made in good faith.

(b) Upon receipt of the notice, the State Police Bureau of Identification shall conduct an audit of the part of such person's criminal history record information which is necessary to determine the accuracy of the challenge, and may require any criminal justice agency which was the source of the challenged information to verify such information. Within sixty days after the notice is received, the State Bureau of Identification shall notify the person in writing of the results of the audit, and of his right to appeal if the challenge is rejected.

(P.A. 78-200, S. 7.)

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Sec. 54-142m. Disclosure of nonconviction information by criminal justice agency. (a) A criminal justice agency holding nonconviction information may disclose it to persons or agencies not otherwise authorized (1) for the purposes of research, evaluation or statistical analysis, or (2) if there is a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to such agreement. The Judicial Branch may disclose nonconviction information to a state agency pursuant to an agreement to provide services related to the collection of moneys due. Any such disclosure of information shall be limited to that information necessary for the collection of moneys due. Pursuant to an agreement, the Judicial Branch may disclose nonconviction information to the Department of Mental Health and Addiction Services for the administration of court-ordered evaluations and the provision of programs and services to persons with psychiatric disabilities and substance abuse treatment needs. Pursuant to an agreement, the Judicial Branch may disclose nonconviction information to advocates for victims of family violence to allow such advocates to develop plans to provide for the safety of victims and victims' minor children, provided such agreement prohibits such advocates from disclosing such nonconviction information to any person, including, but not limited to, a victim of family violence.

(b) No nonconviction information may be disclosed to such persons or agencies except pursuant to a written agreement between the agency holding it and the persons to whom it is to be disclosed.

(c) The agreement shall specify the information to be disclosed, the persons to whom it is to be disclosed, the purposes for which it is to be used, the precautions to be taken to insure the security and confidentiality of the information and the sanctions for improper disclosure or use.

(d) Persons to whom information is disclosed under the provisions of this section shall not without the subject's prior written consent disclose or publish such information in such manner that it will reveal the identity of such subject.

(P.A. 78-200, S. 11; P.A. 80-483, S. 139, 186; P.A. 95-133, S. 2; P.A. 00-64, S. 2; P.A. 12-114, S. 15.)

History: P.A. 80-483 made technical correction; P.A. 95-133 amended Subsec. (a) by adding provision permitting judicial branch to disclose nonconviction information to state agency pursuant to agreement for collection of moneys due; P.A. 00-64 amended Subsec. (a) by adding provision that, pursuant to agreement, judicial branch may disclose nonconviction information to Department of Mental and Addiction Services for administration of court-ordered evaluations and provision of programs and services to persons with psychiatric disabilities and substance abuse treatment needs; P.A. 12-114 amended Subsec. (a) by adding provision re disclosure of nonconviction information to advocates for victims of family violence and making a technical change.

Cited. 183 C. 183.

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Sec. 54-142n. Further provisions for disclosure of nonconviction information. Nonconviction information other than erased information may be disclosed only to: (1) Criminal justice agencies in this and other states and the federal government; (2) agencies and persons which require such information to implement a statute or executive order that expressly refers to criminal conduct; (3) agencies or persons authorized by a court order, statute or decisional law to receive criminal history record information. Whenever a person or agency receiving a request for nonconviction information is in doubt about the authority of the requesting agency to receive such information, the request shall be referred to the State Police Bureau of Investigation.

(P.A. 78-200, S. 13.)

History: (Revisor's note: In 1995 the indicators (a), (b) and (c) were changed editorially by the Revisors to (1), (2) and (3) respectively for consistency with statutory usage).

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Sec. 54-142o. Dissemination of nonconviction information to noncriminal justice agencies. (a) Nonconviction information disseminated to noncriminal justice agencies shall be used by such agencies only for the purpose for which it was given and shall not be redisseminated.

(b) No agency or individual shall confirm the existence or nonexistence of nonconviction information to any person or agency that would not be eligible to receive the information itself.

(P.A. 78-200, S. 12.)

See Sec. 54-142c re disclosure of erased records.

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Sec. 54-142p. Letter of criminal record or no criminal record to enter United States or foreign nation. (a) Any criminal justice agency may furnish criminal history record information or a no criminal record letter to an individual in conjunction with an application to enter the United States or any foreign nation when the subject of the record (1) certified that the information is needed to complete an application to enter the United States or a foreign nation, and (2) provides proof that he is the subject of the record.

(b) The disseminating agency shall certify that the information released is accurate as of ninety days prior to release and is being disclosed only for the purpose of assisting the subject of the record in gaining entry into the United States or a foreign nation.

(P.A. 78-200, S. 14.)

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Sec. 54-142q. Criminal Justice Information System Governing Board. Membership. Duties and responsibilities. Access to information. (a) As used in this section, (1) “governing board” means the Criminal Justice Information System Governing Board established in this section, (2) “offender-based tracking system” means an information system that enables, as determined by the governing board and subject to this chapter, criminal justice agencies, as defined in subsection (b) of section 54-142g, the Division of Public Defender Services and the Office of the Federal Public Defender to share criminal history record information, as defined in subsection (a) of section 54-142g, and to access electronically maintained offender and case data involving felonies, misdemeanors, violations, motor vehicle violations, motor vehicle offenses for which a sentence to a term of imprisonment may be imposed, and infractions, and (3) “criminal justice information systems” means the information systems designed and implemented pursuant to section 54-142s.

(b) There shall be a Criminal Justice Information System Governing Board which shall be within the Department of Emergency Services and Public Protection for administrative purposes only and shall oversee criminal justice information systems.

(c) The governing board shall be composed of the Chief Court Administrator, the Commissioner of Emergency Services and Public Protection, the Secretary of the Office of Policy and Management, the Commissioner of Correction, the chairperson of the Board of Pardons and Paroles, the Chief State's Attorney, the Chief Public Defender, the Commissioner of Administrative Services, the Victim Advocate, the Commissioner of Motor Vehicles, the chairpersons and ranking members of the joint standing committee of the General Assembly on judiciary and the president of the Connecticut Police Chiefs Association. The Chief Court Administrator and a person appointed by the Governor from among the membership shall serve as cochairpersons. Each member of the governing board may appoint a designee who shall have the same powers as such member.

(d) The governing board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary. A majority of the members shall constitute a quorum for the transaction of business.

(e) The governing board shall hire an executive director of the board who shall not be a member of the board and who shall serve at the pleasure of the board. The executive director shall be qualified by education, training or experience to oversee the design and implementation of a comprehensive, state-wide information technology system for the sharing of criminal justice information as provided in section 54-142s. The Department of Emergency Services and Public Protection shall provide office space and such staff, supplies and services as necessary for the executive director to properly carry out his or her duties under this subsection.

(f) The governing board shall develop plans, maintain policies and provide direction for the efficient operation and integration of criminal justice information systems, whether such systems service a single agency or multiple agencies. The governing board shall establish standards and procedures for use by agencies to assure the interoperability of such systems, authorized access to such systems and the security of such systems.

(g) In addition to the requirements of subsection (f) of this section, the duties and responsibilities of the governing board shall be to: (1) Oversee the operations and administration of criminal justice information systems; (2) establish such permanent and ad hoc committees as it deems necessary, with appointments to such committees not restricted to criminal justice agencies; (3) recommend any legislation necessary for implementation, operation and maintenance of criminal justice information systems; (4) establish and implement policies and procedures to meet the system-wide objectives, including the provision of appropriate controls for data access and security; and (5) perform all necessary functions to facilitate the coordination and integration of criminal justice information systems.

(h) A member of the governing board, a member of a permanent or an ad hoc committee established by the governing board, and any person operating and administering the criminal justice information system shall be deemed to be “state officers and employees” for the purposes of chapter 53 and section 5-141d.

(i) Information that may be accessed by the Division of Public Defender Services or the Office of the Federal Public Defender pursuant to subsection (a) of this section shall be limited to: (1) Conviction information, as defined in subsection (c) of section 54-142g, (2) information that is otherwise available to the public, and (3) information, including nonconviction information, concerning a client whom the division has been appointed by the court to represent and is representing at the time of the request for access to such information.

(P.A. 99-14, S. 1, 2; P.A. 00-20, S. 2–4; P.A. 04-219, S. 24; 04-234, S. 2; P.A. 05-178, S. 1; June Sp. Sess. P.A. 07-4, S. 25; Jan. Sp. Sess. P.A. 08-1, S. 39; P.A. 09-26, S. 1; P.A. 11-51, S. 76, 181; June Sp. Sess. P.A. 17-2, S. 100, 101, 103, 104.)

History: P.A. 99-14 effective May 12, 1999; P.A. 00-20 amended Subsec. (a) to authorize the Division of Public Defender Services to participate in the offender-based tracking system and added Subsec. (f) to limit the types of information that the division may access, effective April 25, 2000; P.A. 04-219 amended Subsec. (b) to add the Commissioner of Emergency Management and Homeland Security, effective January 1, 2005; P.A. 04-234 replaced Board of Pardons and Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 05-178 inserted definitions of “governing board” and “offender-based tracking system” as new Subsec. (a), redesignated existing Subsecs. (a) to (f) as Subsecs. (b) to (g) and amended redesignated Subsec. (b) to require that governing board be within the Office of Policy and Management for administrative purposes only, to delete definition of “offender-based tracking system” and to make technical changes; June Sp. Sess. P.A. 07-4 amended Subsec. (a) to redefine “offender-based tracking system” in Subdiv. (2) and add Subdiv. (3) defining “criminal justice information systems”, amended Subsec. (b) to provide that board “shall oversee criminal justice information systems” and delete language re information system, added new Subsec. (e) to require board to develop plans, maintain policies and provide direction for the efficient operation and integration of criminal justice information systems and establish standards and procedures re interoperability of, access to and security of such systems, redesignated existing Subsecs. (e), (f) and (g) as Subsecs. (f), (g) and (h), and amended Subsec. (f) to provide that duties and responsibilities enumerated are “In addition to the requirements of subsection (e) of this section” and replace “offender-based tracking system” with “criminal justice information systems”; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (c) to replace provision re Chief Court Administrator shall serve as chairperson with provision re Chief Court Administrator and person appointed by the Governor from among the membership shall serve as cochairpersons and add chairpersons and ranking members of the judiciary committee as members of governing board, added new Subsec. (e) re hiring and qualifications of an executive director and the provision of office space, staff, supplies and services for executive director to carry out his or her duties, redesignated existing Subsecs. (e) to (h) as new Subsecs. (f) to (i), and made a technical change in new Subsec. (g), effective January 25, 2008; P.A. 09-26 referenced the Office of the Federal Public Defender in Subsecs. (a) and (i) and made a technical change; P.A. 11-51 amended Subsec. (c) to replace “Commissioner of Public Safety” and “Commissioner of Emergency Management and Homeland Security” with “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; pursuant to P.A. 11-51, “Chief Information Officer of the Department of Information Technology” was changed editorially by the Revisors to “Commissioner of Administrative Services”, effective July 1, 2011; June Sp. Sess. P.A. 17-2 amended Subsec. (a)(3) to redefine “criminal justice information systems”, amended Subsec. (b) to replace “Office of Policy and Management” with “Department of Emergency Services and Public Protection”, amended Subsec. (e) to replace “Office of Policy and Management” with “Department of Emergency Services and Public Protection”, and amended Subsec. (h) to replace “offender-based tracking system” with “criminal justice information system”, effective October 31, 2017.

See Sec. 4-38f for definition of “administrative purposes only”.

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Sec. 54-142r. Availability of data in criminal justice information system. Procedures for obtaining data. (a) Any data in a criminal justice information system, as defined in section 54-142q, shall be available to the Commissioner of Administrative Services and the executive director of a division of or unit within the Judicial Department that oversees information technology, or to such persons' designees, for the purpose of maintaining and administering said system.

(b) Any data in said system from an information system of a criminal justice agency, as defined in subsection (b) of section 54-142g, that is available to the public under the provisions of the Freedom of Information Act, as defined in section 1-200, shall be obtained from the agency from which such data originated. The Commissioner of Emergency Services and Public Protection shall provide to any person who submits a request for such data to the Criminal Justice Information System Governing Board, pursuant to said act, the name and address of the agency from which such data originated.

(P.A. 05-178, S. 2; P.A. 06-196, S. 187; P.A. 11-51, S. 76; June Sp. Sess. P.A. 17-2, S. 102, 105.)

History: P.A. 06-196 made technical changes, effective June 7, 2006; pursuant to P.A. 11-51, “Chief Information Officer of the Department of Information Technology” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (a), effective July 1, 2011; June Sp. Sess. P.A. 17-2 amended Subsec. (a) to replace “the offender-based tracking system” with “a criminal justice information system” and amended Subsec. (b) to replace “Secretary of the Office of Policy and Management” with “Commissioner of Emergency Services and Public Protection”, effective October 31, 2017.

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Sec. 54-142s. State-wide information technology system for sharing of criminal justice information. (a) The Criminal Justice Information System Governing Board shall design and implement a comprehensive, state-wide information technology system to facilitate the immediate, seamless and comprehensive sharing of information between all state agencies, departments, boards and commissions having any cognizance over matters relating to law enforcement and criminal justice, and organized local police departments and law enforcement officials.

(b) Such information technology system shall include, without limitation, a central tracking and information database, a central electronic document repository and centralized analytical tools, as provided in subsections (c) to (e), inclusive, of this section, all of which shall be developed with state-of-the-art technology, as provided in subsection (f) of this section, and such other components or elements as are determined to be appropriate or necessary by the board after development of a plan for the design and implementation of such system.

(c) Such information technology system shall include a central, integrated criminal justice tracking and information database that provides:

(1) Complete biographical information and vital statistics for all offenders and former offenders still living; and

(2) Tracking information for all offenders in the criminal justice system, from investigation through incarceration and release, and seamless integration with any electronic monitoring systems, global positioning systems (GPS) and any offender registries.

(d) Such information technology system shall include a central, integrated electronic repository of criminal justice records and documents that provides:

(1) Access to all state and local police reports, presentence investigations and reports, psychological and medical reports, criminal records, incarceration and parole records, and court records and transcripts, whether such records and documents normally exist in electronic or hard copy form; and

(2) Access to scanning and processing facilities to ensure that such records and documents are integrated into the system and updated immediately.

(e) Such information technology system shall include centralized analytical tools, bundled together in a custom-designed enterprise system that includes:

(1) Analytical tools that empower and enhance criminal case assessment, sentencing and plea agreement analysis and pardon, parole, probation and release decisions;

(2) Analytical tools that empower and enhance forecasting concerning recidivism and future offenses for each individual offender; and

(3) Collaborative functionality that enables seamless cross-department communication, information exchange, central note-taking and comment capabilities for each offender.

(f) Such information technology system shall be developed with state-of-the-art relational database technology and other appropriate software applications and hardware, and shall be:

(1) Completely accessible by any authorized criminal justice official through the Internet;

(2) Completely integrated with the state police, organized local police departments, law enforcement agencies and such other agencies and organizations as the governing board deems necessary and appropriate, and their information systems and database applications;

(3) Indexed and cross-referenced by offender name, residence, community, criminal offense and any other data points necessary for the effective administration of the state's criminal justice system;

(4) Fully text searchable for all records;

(5) Secure and protected by high-level security and controls;

(6) Accessible to the public subject to appropriate privacy protections and controls; and

(7) Monitored and administered by the Criminal Justice Information Systems Governing Board, with the assistance of the Department of Administrative Services, provided major software and hardware needs may be provided and serviced by private, third-party vendors.

(g) Not later than July 1, 2008, the Criminal Justice Information Systems Governing Board shall issue a request for proposals for the design and implementation of such information technology system and hire a consultant to develop a plan for such design and implementation.

(h) Not later than July 1, 2008, and not later than January first and July first of each year thereafter, the Criminal Justice Information System Governing Board shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to criminal justice and appropriations and the budgets of state agencies concerning the status of the design and implementation of such information technology system. In conjunction with the report submitted not later than January first of each year, the board shall also make a presentation to said committees during the ensuing regular session concerning the status of the design and implementation of such information technology system and a specific itemization of the additional resources, if any, that are needed to achieve such design and implementation.

(Jan. Sp. Sess. P.A. 08-1, S. 40; P.A. 11-51, S. 76.)

History: Jan. Sp. Sess. P.A. 08-1 effective January 25, 2008; pursuant to P.A. 11-51, “Department of Information Technology” was changed editorially by the Revisors to “Department of Administrative Services” in Subsec. (f)(7), effective July 1, 2011.

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Sec. 54-142t. Automated process for erasure of criminal records. (a) The Department of Emergency Services and Public Protection, in consultation with the Judicial Branch and the Criminal Justice Information System Governing Board established pursuant to section 54-142q, shall develop and implement automated processes for erasure pursuant to section 54-142a.

(b) The department may, within available appropriations, disseminate information, including posting information on its Internet web site, regarding records that are subject to erasure under the provisions of this section.

(P.A. 21-32, S. 5.)

History: P.A. 21-32 effective January 1, 2023.

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Sec. 54-142u. Automatic erasure of record of person for certain cannabis possession convictions. (a) Whenever on or after January 1, 2000, but prior to October 1, 2015, any person has been convicted in any court of this state of possession under subsection (c) of section 21a-279, all police and court records and records of the state's or prosecuting attorney pertaining to such a conviction in any court of this state shall be, pursuant to the provisions of section 54-142a, (1) erased, if such records are electronic records; or (2) deemed erased by operation of law, if such records are not electronic records.

(b) The provisions of this section shall not apply to any police or court records or the records of any state's attorney or prosecuting attorney with respect to any record referencing more than one count unless and until all counts are entitled to erasure in accordance with the provisions of this section, except that electronic records or portions of electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section.

(c) Nothing in this section shall limit any other procedure for erasure of criminal history record information, as defined in section 54-142g, or prohibit a person from participating in any such procedure, even if such person's electronic criminal history record information has been erased pursuant to this section.

(d) For the purposes of this section, “electronic record” means any police or court record or record of any state's attorney or prosecuting attorney that is an electronic record, as defined in section 1-267, other than a scanned copy of a physical document.

(e) For the purposes of this section, “court records” shall not include a record or transcript of the proceedings made or prepared by an official court reporter, court recording monitor or any other entity designated by the Chief Court Administrator.

(f) Nothing in this section shall be construed to require the partial redaction of physical documents or scanned copies of such documents held internally by any criminal justice agency.

(g) Nothing in this section shall be construed to require the Department of Motor Vehicles to erase criminal history record information on an operator's driving record. When applicable, the Department of Motor Vehicles shall make such criminal history record information available through the Commercial Driver's License Information System.

(h) A person whose records have been erased pursuant to this section may represent to any entity other than a criminal justice agency that they have not been arrested or convicted for the purposes of any such conviction for which such records have been erased.

(June Sp. Sess. P.A. 21-1, S. 9.)

History: June Sp. Sess. P.A. 21-1 effective January 1, 2023.

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Sec. 54-142v. Erasure of record of person for certain cannabis convictions for possession, possession or use of paraphernalia or manufacture or for distribution, sale, prescription, administration or growing of cannabis. (a)(1) Any person who has been convicted in any court in this state (A) (i) on October 1, 2015, or thereafter, and prior to July 1, 2021, or (ii) prior to January 1, 2000, of a violation of section 21a-279 for possession of a cannabis-type substance and the amount possessed was less than or equal to four ounces of such substance, (B) prior to July 1, 2021, of a violation of subsection (a) of section 21a-267, for use or possession with intent to use of drug paraphernalia to store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body cannabis, or (C) prior to July 1, 2021, of a violation of subsection (b) of section 21a-277 for manufacturing, distributing, selling, prescribing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person a cannabis-type substance and the amount involved was less than or equal to four ounces or six plants grown inside such person's own primary residence for personal use may file a petition with the Superior Court at the location in which such conviction was effected, or with the Superior Court at the location having custody of the records of such conviction or if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice, in the Superior Court where venue would currently exist for criminal prosecution, for an order of erasure.

(2) As part of such petition, such person shall include a copy of the arrest record or an affidavit supporting such person's petition that, in the case of a violation of section 21a-279, such person possessed four ounces or less of a cannabis-type substance for which such person was convicted, in the case of a violation of subsection (a) of section 21a-267, such person used or possessed with intent to use such drug paraphernalia only to store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body cannabis or in the case of a violation of subsection (b) of section 21a-277, such person manufactured, distributed, sold, prescribed, compounded, transported with the intent to sell or dispense, possessed with the intent to sell or dispense, offered, gave or administered to another person less than or equal to four ounces of a cannabis-type substance or six cannabis plants grown inside such person's own primary residence for personal use.

(3) If such petition is in order, the Superior Court shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such offense to be erased pursuant to the provisions of section 54-142a.

(4) No fee may be charged in any court with respect to any petition under this subsection.

(b) The provisions of this section shall not apply to any police or court records or records of the state's or prosecuting attorney pertaining to such offense (1) while the criminal case is pending, or (2) in instances where the case contains more than one count, until the records pertaining to all counts are entitled to erasure, except that when the criminal case is disposed of, electronic records or portions of electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section.

(c) For the purposes of this section, “court records” shall not include a record or transcript of the proceedings made or prepared by an official court reporter, court recording monitor or any other entity designated by the Chief Court Administrator.

(June Sp. Sess. P.A. 21-1, S. 8.)

History: June Sp. Sess. P.A. 21-1 effective July 1, 2022.

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