(a)(1) Any person who has been convicted in any court in this state (A) (i) on October 1, 2015, or thereafter, and prior to July 1, 2021, or (ii) prior to January 1, 2000, of a violation of section 21a-279 for possession of a cannabis-type substance and the amount possessed was less than or equal to four ounces of such substance, (B) prior to July 1, 2021, of a violation of subsection (a) of section 21a-267, for use or possession with intent to use of drug paraphernalia to store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body cannabis, or (C) prior to July 1, 2021, of a violation of subsection (b) of section 21a-277 for manufacturing, distributing, selling, prescribing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person a cannabis-type substance and the amount involved was less than or equal to four ounces or six plants grown inside such person's own primary residence for personal use may file a petition with the Superior Court at the location in which such conviction was effected, or with the Superior Court at the location having custody of the records of such conviction or if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice, in the Superior Court where venue would currently exist for criminal prosecution, for an order of erasure.
(2) As part of such petition, such person shall include a copy of the arrest record or an affidavit supporting such person's petition that, in the case of a violation of section 21a-279, such person possessed four ounces or less of a cannabis-type substance for which such person was convicted, in the case of a violation of subsection (a) of section 21a-267, such person used or possessed with intent to use such drug paraphernalia only to store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body cannabis or in the case of a violation of subsection (b) of section 21a-277, such person manufactured, distributed, sold, prescribed, compounded, transported with the intent to sell or dispense, possessed with the intent to sell or dispense, offered, gave or administered to another person less than or equal to four ounces of a cannabis-type substance or six cannabis plants grown inside such person's own primary residence for personal use.
(3) If such petition is in order, the Superior Court shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such offense to be erased pursuant to the provisions of section 54-142a.
(4) No fee may be charged in any court with respect to any petition under this subsection.
(b) The provisions of this section shall not apply to any police or court records or records of the state's or prosecuting attorney pertaining to such offense (1) while the criminal case is pending, or (2) in instances where the case contains more than one count, until the records pertaining to all counts are entitled to erasure, except that when the criminal case is disposed of, 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) 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.
(June Sp. Sess. P.A. 21-1, S. 8.)
History: June Sp. Sess. P.A. 21-1 effective July 1, 2022.
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.