Felony, Misdemeanor, And Infractions in Connecticut

Connecticut categorizes crime into two types: felonies or misdemeanors. In Connecticut, a felony attracts a punishment of one year or more in state prison. Misdemeanor offenses are not as serious as felonies and result in a year or less in prison. Connecticut's categorization of crimes determines how the courts try them. Its statutes of limitations also establish clear timelines for bringing criminal cases, alongside record classifications.

What is a felony in Connecticut?

Under the Connecticut Penal Code, the felony class has the most serious crimes. They result in the most penalties once a defendant is guilty.

Per Connecticut's penal system, felonies are classified as:

• Capital felonies
• Class A felonies
• Class B felonies
• Class C felonies
• Class D felonies.

Additionally, some felonies are unclassified. If a person is convicted of an unclassified felony, the court determines the penalties based on the criminal statute and jurisdiction, and according to:

• The statutory Language
• General sentencing laws
• Judicial discretion within limits
• Constitutional safeguards.

Connecticut's classification system ranks capital felonies as the most severe crimes. Following capital felonies, Class A felonies represent the next most serious category. The degree of seriousness decreases with each subsequent class, ending with Class D felonies as the least serious.

Connecticut’s Revised Penal Code fully details all crimes and their penalties. The perceived seriousness and type of crime determine the severity of sentencing.

What are some examples of felonies in Connecticut?

According to Connecticut's Penal Code, felonies are crimes punishable by one or more years of imprisonment. Connecticut divides this category of crime into five main classes (A, B, C, D, and E), in addition to unclassified felonies, which have their separate sentencing structure. Under Connecticut's classification, examples of felonies include:

Class A Felonies (most serious, up to 25 years to life)

• Murder (Connecticut General Statutes § 53a-54a)
• Home invasion (Connecticut General Statutes § 53a-100aa)
• Aggravated sexual assault of a minor (Connecticut General Statutes § 53a-70c)

Class B Felonies (1-year to 20 years imprisonment, in addition to fines up to $15,000)

• First-degree manslaughter (Connecticut General Statutes § 53a-55)
• First-degree robbery (Connecticut General Statutes § 53a-134)
• Sexual assault in the first degree (Connecticut General Statutes § 53a-70)
• Burglary in the first degree (Connecticut General Statutes § 53a-101)

Class C Felonies (1-year to 10 years, plus fines of up to $10,000)

• Bribery of a public servant (Connecticut General Statutes § 53a-147)
• First-degree identity theft (Connecticut General Statutes § 53a-129b)
• Computer crimes in the first degree (Connecticut General Statutes § 53a-252)
• Arson in the second degree (Connecticut General Statutes § 53a-112)

Class D Felonies (1-year to 5 years imprisonment, in addition to fines of up to $5,000)

• Assault in the second degree (Connecticut General Statutes § 53a-60)
• Larceny in the third degree (Connecticut General Statutes § 53a-124)
• Burglary in the third degree (Connecticut General Statutes § 53a-103)
• Criminal possession of a firearm (Connecticut General Statutes § 53a-217)

Class E Felonies (1-year to 3 years, plus up to $3,500 fines)

• Manslaughter in the second degree with a motor vehicle (Connecticut General Statutes § 53a-56b)
• Possession of child pornography (fourth degree) (Connecticut General Statutes § 53a-196d)
• Criminally negligent homicide (when classified as a felony)

Unclassified Felonies (penalties written directly into the law)

• Driving under the influence (DUI) – third offense (Connecticut General Statutes § 14-227a)
• Certain drug trafficking crimes (under the Connecticut Controlled Substances Act)

Can an Individual get a Felony Removed From a Court Record in Connecticut?

Yes, Connecticut allows the removal of felony convictions, criminal charges, and arrest records from an individual’s criminal history. 

In some cases, an absolute pardon is granted for adult convictions. However, this process is not automatic.

The Connecticut Board of Pardons offers convicted individuals two types of pardons: an absolute pardon and a certificate of employability (also known as a provisional pardon).

An absolute pardon typically leads to the expungement of convictions, but a certificate of employability does not. 

When the Board grants expungement, it removes past criminal records from public view. This process allows a previously convicted individual to appear as if they were never convicted.

The Connecticut Board of Pardons determines other eligibility criteria, which typically include:

• The severity of the crime committed.
• The individual’s work history since release from prison.
• Pending criminal charges.
• Character references.
• Evidence of rehabilitation.

Ultimately, the Connecticut Board holds the power to grant or refuse an expungement request.

The state’s Board of Pardons provides two types of pardons for convicted individuals. An absolute pardon usually leads to the expungement of convictions, but a certificate of employability (also called a provisional pardon) may not.

The implication of expunging a criminal record is that the public may be unable to view past criminal records. Expungement makes it possible for a previously convicted individual to appear as though they were never convicted.

The Connecticut Board of Pardons typically determines other eligibility criteria. Some of which include:

• The severity of the crime committed,
• An individual’s work history since release from prison,
• Pending criminal charges,
• Character references, and
• Evidence of rehabilitation.

The power to grant or refuse an expungement request lies in the hands of the Connecticut Board, according to Chapter 961a of the Connecticut Criminal Procedure Code.

Is Expungement the Same as Sealing Court Records in Connecticut?

In Connecticut, expungement (erasure) and sealing are not the same. Connecticut law treats expunged records as if they never existed. The Connecticut Board of Pardons and Paroles has the power to issue an Absolute Pardon. This will result in the erasure (expunction) of the specific records from courts and criminal records. After expunction, the judicial system and law enforcement agencies must carry out the erasure and remove the record from their databases. Per § 54-142 Connecticut General Statutes, there is automatic erasure for felony arrests that result in dismissal, not guilty, or nolle prosequi (not prosecuted). 

By comparison, sealing means the record still exists but is hidden from the general public. A sealed record still exists but is hidden from the general public; however, it is still accessible to entities such as law enforcement, courts, and licensing agencies 

Connecticut does not have a broad record-sealing law like some states. However, juvenile and Youthful Offender Records are sealed automatically. Youthful Offender Records will be erased if the convicts complete the sentences for their crimes.

How Long Does a Felony Stay on an Individual’s Record in Connecticut?

Similar to other states, a felony conviction in Connecticut will stay permanently on the offender's record unless the Connecticut Board of Pardons grants an Absolute Pardon. Additionally, felony charges that result in dismissals, acquittals, or arrests where prosecutors did not file charges are erased automatically.

What is a Misdemeanor in Connecticut?

In Connecticut, the law defines misdemeanors as criminal offenses less serious than felonies. Courts punish these crimes with up to one year in prison and fines. Like felonies, the state categorizes misdemeanors as Classes A, B, C, and D. It also designates some misdemeanors as unclassified. When a person is convicted of an unclassified misdemeanor, the court imposes the sentence specified in the state’s criminal statutes outlined in § 53a–26 and § 53a–36 of the Connecticut General Statutes.

What are some examples of misdemeanors?

Misdemeanors cover a wide range of crimes, encompassing offenses that are less serious than felonies but rank higher than infractions. In Connecticut, misdemeanor offenses are categorized into classes according to their severity, similar to felonies. Under this classification, the following are examples of misdemeanors in Connecticut.

Class A Misdemeanors

• Assault in the third-degree 
• Larceny in the fourth degree
• Stalking in the second degree
• Risk of injury to a minor (non-sexual, less severe cases)

Class B Misdemeanors 

• Criminal mischief in the third degree
• Breach of peace in the second degree
• Harassment in the second degree
• Public indecency

Class C Misdemeanors 

• Simple trespass
• Creating a public disturbance
• Interference with a cemetery or burial ground (minor acts)

Class D Misdemeanors 

• Fortune telling for a fee
• Smoking on a school bus
• Selling tobacco to a minor (when charged criminally)

Unclassified Misdemeanors

• Operating a motor vehicle without insurance
• First offense DUI
• Certain drug possession offenses.

Can an Individual Get a Misdemeanor Removed from a Record in Connecticut?

Yes, an individual may expunge a misdemeanor from their criminal record. They are typically required to file for expungement, provided they meet the eligibility criteria, as stated in the state’s criminal laws. A misdemeanor conviction in Connecticut will stay on record unless expunged by the state’s Board of Pardons. 

As with felonies, Connecticut law requires a convict to observe at least a three-year waiting period before filing for the expungement of a misdemeanor record. The waiting period begins after the offender completes the sentence for the crime.

Expungement of criminal records in Connecticut is not automatic, even if the petitioner is eligible. The Board of Pardon has the power to reject a request for expungement if the applicant does not meet certain criteria.

Can a DUI Be Expunged in Connecticut?

Yes, a DUI conviction in Connecticut is expungeable. However, expunction is not automatic; it depends on the case outcome. 

In Connecticut, the Board of Pardons grants automatic expunction of DUI arrests that result in dismissals or not guilty verdicts. If a DUI arrest results in nolle prosequi, the record is erased after 13 months (unless reopened). Connecticut offers a Pretrial Alcohol Education Program. First-time offenders who complete this program will have their charges dismissed.

What constitutes an Infraction in Connecticut?

An infraction is a failure to respect state law, community regulation, or local ordinances.  In Connecticut, infractions are the lowest offenses under state laws. Infractions do not attract a jail sentence; their penalties include fines, fees, and sometimes points on a driver’s license. 

The amount an offender pays as fines for an infraction in Connecticut depends on the type of Infraction. For instance, a traffic offender in Connecticut may get a written citation, a mail-in fine, or an online payment, which are payable without a court appearance unless the individual contests it.

What are some examples of Infractions in Connecticut?

Infractions are minor violations that carry fines (they do not result in jail time). Examples of infractions in Connecticut include:

• Failure to signal before turning
• Speeding (minor cases)
• Failure to carry a driver’s license while driving
• Driving an unregistered vehicle
• Improper passing
• Littering 
• Carrying a passenger on the handlebars of a bicycle
• Failure to license a dog
• Possession of alcohol by a minor
• Violation of local noise ordinances.

Can Infractions be Expunged from a Connecticut Criminal Court Record?

Unlike felonies and misdemeanors, infractions are not criminal offenses in Connecticut. Infractions are civil violations that the state punishes with fines, and they do not create criminal records. Hence, offenders cannot expunge records that do not exist.

What is Deferred Adjudication in Connecticut?

Connecticut does use deferred adjudication as a formal term; its functional equivalent is the Pre-trial Diversion/Deferred-Prosecution Program. The purpose of the diversion program is to give eligible offenders the opportunity to avoid a formal criminal conviction by completing a period of community supervision, rehabilitation, and fulfilling other conditions.

In Connecticut, a deferred-prosecution program, such as the Accelerated Rehabilitation (A/R) and Other specialized diversion programs, such as veterans' treatment, drug diversion, mental-health diversion, and juvenile programs, is a compromise between full convictions and acquittals.

Connecticut's pre-trial diversion programs are mostly for first-time non-violent offenses, and these programs require the prosecutor’s approval and the court’s acceptance. Additionally, applicants must:

• Be willing to waive certain rights. For instance, the right to a speedy trial, and agree to toll the statute of limitations during the diversion programs
• Agree to supervision and program conditions 
• Not pose a danger to public safety.

Types of Crimes Eligible for Deferred Adjudication in Connecticut

Not all crimes are eligible for pretrial diversion in Connecticut. Violent felonies, sex offenses, repeat offenders who have already used A/R or other diversion programs, and traffic offenses, such as DUI and evading responsibility with death/serious injury, are not eligible.

Connecticut's Deferred-Prosecution Programs apply to:

• Non-serious misdemeanors (Class B, C, and D)
• Certain non-violent Class A misdemeanors
• First-time, non-serious felonies (some Class D and Class E)
• Non-serious motor vehicle violations.

Examples of offenses eligible for deferred prosecution in Connecticut include:

Accelerated Rehabilitation (A/R)

• Disorderly conduct
• Criminal mischief (vandalism) 3rd or 4th degree
• Larceny 5th or 6th degree (shoplifting)
• Reckless endangerment
• Forgery 3rd degree
• Possession of narcotics (personal use, first offense)

Drug Education & Community Service Program (DICSP)

• Misrepresenting, labeling, or distributing drugs
• Possession of Drug Paraphernalia (or the sale, delivery, or manufacture of paraphernalia)
• Possession of Drug Paraphernalia in a Drug Factory
• Illegal Possession of a controlled substance (other than less than a half-ounce of cannabis-type substance, which is a civil fine)

Family Violence Education Program

• Disorderly conduct (domestic)
• Threatening 2nd degree (non-aggravated)
• Breach of peace (domestic disputes)

Veterans’ Diversionary Program

• Non-violent misdemeanors
• Non-violent felonies (case by case)

Youthful Offender Status (ages 16 and 17, sometimes 18)

• Theft-related misdemeanors (shoplifting, larceny)
• Vandalism and criminal mischief
• Non-violent drug possession.