1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just "disappear"?
No. They 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. After three years from the final disposition of the criminal case, the records may be destroyed. C.S. Sec. 54-142a. The records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this is occurs only in exceptional circumstances and normally requires a court order or statutory authorization. A court may order disclosure of such records to a defendant in an action for false arrest arising out of the proceedings so erased, or in connection with any perjury charges which the prosecutor alleges may have arisen from the testimony elicited during the trial.. Within two years of from the date of disposition of any case, the fact of dismissal of the conviction may be disclosed to the victim of the crime or their legal representative. Connecticut Statutes Sec. 54-142c. If the crime has been later decriminalized, the person charged may petition for destruction of records. Connecticut Statutes Sec. 54-142d.
3. What records may be expunged?
All police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge. Connecticut Statutes Sec. 54-142a, complaint, referrals, petitions, reports and orders Connecticut Statutes Sec. 46-146, Connecticut Statutes Sec. 54-76o. DNA records may also be expunged. Sec.54-102l. Information in the registry of protective orders is not subject to erasure. Connecticut Statutes Sec. 54-142a.
The effect of an expungement is that one's criminal record of arrest and/or conviction is erased and legally deemed not to have occurred.
Who is eligible for an expungement? An adult whose criminal charges have been pardoned, decriminalized, dismissed, nolled, or has been found not quilty. A person not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect is not eligible. All related counts must be eligible for erasure. Connecticut Statutes Sec. 54-142a-54-142d.
Persons deemed youthful offenders,when such person attains twenty- one years of age, provided such person has not subsequent to being adjudged a youthful offender been convicted of a felony. Connecticut Statutes Sec.54-76o
Also, a child has been found delinquent or a member of a family with service needs, and has subsequently been discharged from the supervision of the Superior Court or from the custody of the Department of Children and Families or from the care of any other institution or agency to whom he has been committed by the court. Connecticut Statutes Sec. 46-146.
4. How do I get an "Expungement"?
The arrested person or any one of his heirs may file 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 with the records center of the Judicial, modified, or supplemented by the agency of record. Connecticut Statutes Sec. 54-142a.
The clerk or person charged with the retention and control of such records shall forward a notice of such erasure to any law enforcement agency 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. The clerk or person, 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 the clerk or person 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 the records pertain. Connecticut Statutes Sec. 54-142e.
In the case of youthful offenders, all police and court records pertaining to such youthful offender shall be automatically erased when such person attains twenty- one years of age. Connecticut Statutes Sec. 54-76o.
In the case of juvenile delinquents, upon turning 16 years old, such child, his parent or guardian, may file a petition with the Superior Court and, if such court finds that at least two years or, in the case of a child convicted as delinquent for the commission of a serious juvenile offense, four years have elapsed from the date of such discharge, that no subsequent juvenile proceeding has been instituted against such child, that such child has not been found guilty of a crime it shall order all police and court records pertaining to such child to be erased. Connecticut Statutes Sec. 46-146.
ADDRESS OF COURT
JD-JM-12 Rev. 1-03
C.G.S. §§ 46b-133a, 46b-146
Pr. Bk. Sec. 27-8A(c)
DOCKET NO.
ERASURE OF RECORD
PETITION/ORDER
DATE OF BIRTH
SECTION I - ORDER FOR ERASURE BY OPERATION OF LAW
NAME OF CHILD
THE CHARGE(S)
The undersigned petitioner, being sworn to the following facts, moves that the court erase all police and court records pertaining to the above-named child:
NOW THEREFORE, it is hereby ORDERED that all police and court records pertaining to such charge(s) are erased.
SIGNED (Judge)
NOTICE TO DEPOSITORIES OF POLICE AND COURT RECORDS
SIGNED (Judge)
DATE OF DISPOSITION/DISCHARGE
INSTRUCTIONS
1. Complete Section I or II below, as applicable.
2. Send a copy to all depositories of police and court records pertaining to the charge of delinquency or that a family is a family with service needs, arising
out of the complaint(s)/petition(s) in the matter of the above-named child was (were) dismissed.
The above-named child was charged with delinquency and thirteen months have elapsed since:
a nolle prosequi has been entered as to the charge(s) in the complaint(s);
the charge(s) in the complaint has/have been dismissed without prejudice.
SECTION II - PETITION FOR ERASURE OF RECORD
At least two years or, in the case of a serious juvenile offense
conviction, four years have elapsed from the date of discharge of said child from the supervision of the Superior Court
or from the custody of the Department of Children and Families or from the care of any other institution or agency
to whom said child has been admitted by the court and no subsequent juvenile proceeding has been instituted against
said child and said child has not been found guilty of a crime, if said child has reached sixteen within such
period.
SIGNED (Notary Public, Asst. Clerk, Comm. Sup. Ct. )
DATE OF PETITION ADDRESS OF PETITIONER SIGNED (Petitioner (Child
/Parent/Guardian, or Attorney))
SUBSCRIBED AND SWORN TO ME ON:
GRANTED, pursuant to C.G.S. § 46b-146 all police and court records pertaining to such child are erased.
DENIED.
Upon the entry of such an erasure order, all references including
arrest, complaint, referrals,petitions, reports and orders shall be removed from all agency, official and institutional files, and a finding of delinquency or that the child was a member of a family with service needs shall be deemed never to have occurred. The persons in charge of such records shall not disclose to any person information pertaining to the record so erased, except that the fact of such erasure may be substantiated where, in the opinion of the court, it is in the best interests of such child to do so.
BY THE COURT (Print or type name of Judge) ON (Date) DATE SIGNED
DATE
BY THE COURT (Print or type name of Judge) DATE SIGNED
POLICE DEPARTMENT POLICE DEPARTMENT CASE NUMBER
Pursuant to the provisions of C.G.S. § 46b-146
Pursuant to the provisions of C.G.S. § 46b-133a(b)
OR
GRANTED, pursuant to Connecticut Practice Book § 27-8A(c)
the matter is dismissed and erased for all purposes except subsequent consideration for nonjudicial handling under Connecticut Practice Book § 27-4A.
The child has successfully completed nonjudicial supervision.
STATE OF CONNECTICUT
SUPERIOR COURT
JUVENILE MATTERS
www.jud.state.ct.us
