This section focuses primarily on the expungement process that one needs to undergo in the state of Connecticut. It then also goes on to mention any special cases or circumstances where a person with a certain criminal record is not considered to be eligible for undergoing the expungement process.
In Connecticut, both expungement and record sealing take place. Both have the same result: any member of the public cannot view your criminal record. However, in the former, the criminal record ceases to exist altogether, while in the latter, the criminal record still exists and can be accessed by an agency or an individual after the court has issued an order for it. In Connecticut, this entire process is known as the erasure of a criminal record. In most cases, this is an automatic process.
This process, which is known as erasure, is more similar in nature to the process of record sealing. After a person’s criminal record has been erased, the court may claim that the records no longer exist. However, they exist. Furthermore, from time to time, it is also possible that these records are accessed by various agencies or officials belonging to law enforcement departments. This can only be done once the court has issued an order allowing them to do so. It is also possible to have these erased criminal records destroyed completely, but the individual has to make a special request for this to be done. If this request is made, then it is imperative for the person dealing with those particular files to physically destroy them.
The expungement pardon is also known as an absolute pardon, and it leads to complete erasure of a person’s criminal record, but it does not mean that these files no longer exist.
As mentioned above, the process of erasure is an automatic process in certain cases. This means that the criminal records are cleared themselves after a certain amount of time has passed. If there is a case in which the person was not found to be guilty when the time to file the writ of appeal or error expired, then his or her criminal record will face automatic erasure. Furthermore, cases that have been declared to be null are usually erased after a time period of approximately thirteen months.
People holding a record of youthful offends can be sure that their records will be erased when they turn 21. The only condition is that the person in question must not be under the care of any regulatory authority or institution and should not be supervised by the court at the age of 21. Furthermore, there should not be any additional felonies or youthful offenses that have been committed by that person.
If a person has been convicted of carrying out a juvenile offense, then he or she is allowed to file a petition for erasure of his or her criminal records after two to four years of his or her discharge date from custody or the supervision of the court (the time period depends on the nature of the offense the individual has been convicted for). An additional requirement is that the person should not have been involved in any other sort of crime until the age of 18.
If an adult has been convicted for a crime that is then decriminalized at a later date, then he or she has the right to file a petition to the court to erase his or her previous criminal records. In such a case, the person’s criminal record file will always be physically destroyed.
For any other adult conviction or criminal charge, the only option available is to file a petition for an expungement pardon. This petition can be filed roughly three years after the final disposition of a person’s most recent criminal offense or misdemeanor. Alternatively, it can also be filed up to five years after the conclusion of his or her most recent case of felony.
In general, it can be seen that one only needs to file a petition for pardon or erasure if he or she has actually been convicted of a criminal offense, because any non-convictions undergo automatic erasure. This petition can be accessed at http://www.ct.gov/doc/lib/doc/PDF/form/PardonFormerOffender.pdf.
The Petition of Erasure of Record has to be filled out by any juvenile offender seeking erasure or pardon and has to be submitted to the court. If this petition is accepted, all court and police records will be erased. In the Petition of Erasure of Record, a person needs to add the docket number of his or her case, his or her date of discharge from custody or supervision and the police case number.
The application needs to be sent to the Board of Pardons and Paroles if the person is seeking an expungement pardon. Additional details also need to be included in this application, such as the criminal history and any other convictions charged in other states. A few supporting documents also have to be attached, such as the person’s state policy criminal record, any incident reports from the individual’s convictions in Connecticut that have occurred in the last ten years, three reference letters and an authorization of the individual’s background investigation.
In addition to submitting the application, the person also needs to attend a hearing when called by the court. In certain cases, it is also possible that the court rejects the request for pardon. In such a case, the court will automatically try to determine whether or not you are eligible for receiving a provisional pardon. Under a provisional pardon, it is not possible for a person’s criminal records to be completely erased. However, even having a provisional pardon makes it considerably easier for a person to obtain a job or to get any other provisional license.
For any misdemeanor, the application needs to be submitted three years after the date of conviction. Otherwise, you will not be considered eligible for a pardon. Furthermore, the person should have no pending charges. For more information, visit https://www.cga.ct.gov/2011/pub/Chap961a.htm.