(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.
Structure Connecticut General Statutes
Chapter 961a - Criminal Records
Section 54-142a. (Formerly Sec. 54-90). - Erasure of criminal records.
Section 54-142a. (Formerly Sec. 54-90). *(See end of section for - Erasure of criminal records.
Section 54-142c. - Disclosure of erased records.
Section 54-142h. - Data collection; audit; maintenance of records and log.
Section 54-142j. - Adoption of regulations and procedures.
Section 54-142l. - Challenge to completeness or accuracy of record.
Section 54-142m. - Disclosure of nonconviction information by criminal justice agency.
Section 54-142n. - Further provisions for disclosure of nonconviction information.
Section 54-142o. - Dissemination of nonconviction information to noncriminal justice agencies.