You asked whether courts and law enforcement agencies disclose arrest records when the subject of the record is convicted of a lesser offense.

SUMMARY

Courts and law enforcement agencies can and do release arrest record information even though the subject of the arrest is convicted of another, often lesser, offense. Neither the court nor these agencies modify arrest records to reflect the crime of conviction. And arrest records are confidential and not subject to disclosure only if the subject is a juvenile, is found not guilty, or the state dismisses the charges.

Police, court, and prosecutorial records must be erased when: (1) a criminal case is dismissed or nolled, (2) a defendant is acquitted or granted an absolute pardon, or (3) the offense for which the defendant was convicted is later decriminalized. Generally, erased records are physically destroyed only when defendants request it. Records erased due to the decriminalization of an offense must be destroyed without a request. Erased records are generally not disclosed to anyone. But a court may order disclosure to (1) a defendant in an action for false arrest, (2) a state prosecutor and a defense attorney when the defendant faces perjury charges based on his trial testimony, or (3) crime victims within one year after final disposition of the criminal case.

Connecticut has a comprehensive body of law regarding public access to criminal record information. Generally, criminal investigations may be kept confidential, arrest information is public, bail information is confidential, conviction information is public, and nonconviction information is confidential. People can get access to disclosable information by contacting the police department that conducted the investigation or the court that heard the matter.

PUBLIC ACCESS TO CRIMINAL INFORMATION

The public's access to criminal information is determined by statute based on the type of information sought or, in certain cases, the defendant's age (e. g. , juvenile record information is confidential) or the nature of the case (e. g. , rape shield laws allow victims of sexual assault or risk of injury crimes to keep their identities and addresses secret).

Criminal Investigations and Arrest Information

With two exceptions, the Freedom of Information Act (FOIA) requires public disclosure of the names and addresses of arrestees; the date, time, and place of the arrest; and the reason for it. The requirement does not apply to juvenile or erased records.

Records a police department designates as an arrest or incident report, news release, or other similar reports must be disclosed if they do not fit within the FOIA exemption for law enforcement records (CGS § 1-215). Law enforcement agencies do not have to allow access to records of criminal investigations or detection if disclosure would be contrary to the public interest because it would reveal:

1. the identity of informants not otherwise known;

2. information prejudicial to a prospective law enforcement action;

3. investigatory techniques not otherwise known to the general public;

4. juvenile arrest records, including related investigatory files;

5. the names and addresses of victims of sexual assault, risk of injury, or moral impairment;

6. signed witness statements; or

7. allegations that must be destroyed after one year if uncorroborated (CGS § 1-210 (b)(3)).

The law specifically prohibits law enforcement agencies from disclosing any personal effects or possessions found on an arrestee unless the items are relevant to the crime for which he was arrested (CGS § 1-215 (a)).

Conviction Information

Conviction information is available to the public and agencies holding such information must establish reasonable hours and places for inspection (CGS § 54-142k(a) and (b)). "Conviction information" means criminal history record information, other than erased records, that discloses that a person has pleaded no contest or nolo contendere, or was convicted of a crime (CGS § 54-142g(c)). "Criminal history record information" means court records and information compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender notations of arrests, releases, detentions, indictments, informations, pleas, trials, sentences, appeals, incarcerations, correctional supervision, and paroles. Criminal history record information does not include intelligence, presentence investigation, investigative information, or disclosable bail information (CGS § 54-142g(a)).

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