Sealing and Expunging Criminal Records in Connecticut

In Connecticut, criminal records may hinder the bearer’s ability to lead an everyday life or find employment. Connecticut does not have record sealing laws, but it has a unique expungement law. Record erasure refers to the expungement of criminal records in Connecticut. It is the deletion of all the criminal files and related history of a person from the Connecticut Judicial System.

Criminal record erasure in Connecticut can either be automatic or obtained by court order. Records that qualify for automatic erasure are files in which the accused is not convicted or found guilty of the offense charged. Examples are:

• Records of criminal cases in which the defendant was found not guilty;
• Records of criminal cases with dismissed charges;
• Records of criminal cases in which the prosecution does not find probable cause to continue the prosecution within 13 months (nolle prosequi);
• Records of criminal cases are put on hold, and no prosecution or disposition occurs within 13 months.

All felonies and misdemeanors not automatically erased may qualify for erasure under a specific condition. Courts may erase felonies or misdemeanors for which a conviction took place if the offense committed is decriminalized. However, this action generally only occurs if the convicted individual receives an absolute pardon from the Connecticut Board of Pardons and Paroles. If granted the unconditional pardon, the criminal records of convicted individuals become eligible for erasure. The erasure process is unique as it is not case-specific, but it erases all the requester's criminal history. The records erasure law is under Connecticut General Statutes (Title 54, Chapter 961a).

The Difference Between Sealing and Expunging Criminal Records

Sealing a criminal record is an official declaration that the case file and the information contained are closed to the public. No part of the document can be viewed or disclosed by anyone. An expungement is the elimination of a person’s criminal record. An order for expungement is to destroy the case file, and the record cannot be referred to by the bearer and governmental or judicial entities in some states. While a sealed criminal record still exists but cannot be accessed, an expunged record and the crime attached to it no longer exist.

How to Seal a Criminal Record in Connecticut

Connecticut has no records sealing law. Records of criminal offenses charged against an individual typically continue to exist and be accessible to the public after conviction. Only court records, such as juvenile arrest records and the records of victims of sexual offenses, are automatically restricted from public view. Other files of criminal violations typically remain on record unless erased.

What Crimes Can Be Expunged in Connecticut?

The expungement of crimes in Connecticut refers to the erasure, and all crimes are eligible for erasure. Crimes that led to conviction may be erased if the sentence is decriminalized after an absolute pardon from the Connecticut Board of Pardons and Paroles. The pardon received is not crime-specific but covers the entire criminal history of the individual concerned. After decriminalization, individuals can petition the court to erase the records of the crime. The Connecticut Board of Pardons and Paroles has the authority to pardon any crime.

Can a Felony Be Expunged in Connecticut?

Under Connecticut’s Clean Slate law (Conn. Gen. Stat. § 54-142a), some felony convictions may be expunged if strict conditions are met. Most times, only certain low-level felonies qualify. Specifically, Class D and E felonies, or unclassified felonies, carry a maximum penalty of five years. Some felonies are expressly ineligible, including:

• Any family-violence offense (Conn. Gen. Stat. § 46b-38a)
• Sex offenses requiring registration (Conn. Gen. Stat. § 54-250)
• Specific serious violent, firearm, and drug crimes are listed in § 54-142a(e)(2)

In Connecticut, felony erasure is possible if specific conditions are met: a 10-year waiting period applies for convictions on or after January 1, 2000, while older convictions require a petition (Conn. Gen. Stat. § 54-142a). The individual must have no new felony convictions within the last 10 years, must have completed all terms of their sentence with no pending charges, and may also qualify if granted an absolute pardon by the Board of Pardons and Paroles.

How to Expunge Criminal Records in Connecticut

The expungement of criminal records in Connecticut is referred to as erasure and is a process. An erasure not only erases a specific criminal record, but it also erases the person’s entire criminal history, including all previous felonies, misdemeanors, and violations. Erasures occur after an individual obtains an absolute pardon from the Connecticut Board of Pardons and Paroles.

Applicants can obtain a form for an expungement pardon and file it with the Connecticut Board of Pardons and Paroles. If the agency grants the request, all the previous convictions typically become decriminalized. Requesters can then send the petition to the superior court at which the conviction occurred or to the superior court located in the region where conviction records are stored. If the petition is accepted, the court typically erases all the criminal history an individual has accrued.

An erasure of criminal records may sometimes occur automatically, but this erasure is only for the specific case addressed and does not involve the accused’s entire criminal history. These are cases in which:

• The defendant was found not guilty.
• The court dismissed the case.
• The prosecution does not continue to prosecute after no probable cause to do so within 13 months (nolle prosequi);
• The case is on hold, and no further prosecution or disposition occurs within 13 months.

Do Sealed Records Show up in Connecticut Background Checks?

No, sealed records cannot show up in Connecticut background checks because cases cannot be sealed in Connecticut unless declared exempt from public view under Connecticut state law. The erased records cannot appear during a background check.

Who can see Sealed Criminal Records in Connecticut?

Sealed records do not exist in Connecticut except for juvenile records and records of victims of sex offenses, exempt from public view under the Connecticut Freedom of Information Act. Law enforcement agencies, upon request, can view the exempted records.

How Can I Get My Record Expunged for Free in Connecticut?

If an individual qualifies, record erasure is often automatic once the waiting period has passed. For older convictions or special circumstances, a Clean Slate Petition must be filed and submitted to the sentencing court. The petitioner must complete the Judicial Branch Form JD-CR-202.

Some petitions require supplemental materials, such as affidavits, arrest records, or official disposition paperwork. Also, there is no filing fee for Clean Slate petitions. If additional expenses arise (e.g., for record searches), low-income applicants may request a fee waiver through the Connecticut Judicial Branch - Application for Waiver of Fees.

However, free legal assistance is available through organizations such as Statewide Legal Services, CT Legal Services, and Greater Hartford Legal Aid. Residents may also dial “2-1-1” for referrals.

Once granted, the court orders all felony records sealed or destroyed. After erasure, the individual is legally permitted to state that they were acquitted of the erased crime.

How to Obtain Sealed Records in Connecticut

In Connecticut, records of juvenile arrest and victims of sexual offenses are inaccessible to the public. Only law enforcement agencies can view the exempted files upon request. The agency in charge of the records typically reviews the application and observes if reasonable ground exists to disclose the records.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that can be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.