CHAPTER 961a*
CRIMINAL RECORDS

      *Cited. 211 C. 151, 160. Cited. 227 C. 641, 654, 655, 656, 658, 661.

      Cited. 42 CA 291, 296.

Table of Contents

Sec. 54-142a. (Formerly Sec. 54-90). Erasure of criminal records.
Sec. 54-142b. (Formerly Sec. 54-90a). Erasure of record of girl found guilty of being in manifest danger.
Sec. 54-142c. Disclosure of erased records.
Sec. 54-142d. Destruction of record of decriminalized offense.
Secs. 54-142e and 54-142f.
Sec. 54-142g. Definitions.
Sec. 54-142h. Data collection; audit; maintenance of records and log.
Sec. 54-142i. Duties of criminal justice agencies re collection, storage or dissemination of criminal history record information. Personnel.
Sec. 54-142j. Adoption of regulations and procedures.
Sec. 54-142k. Inspection of criminal history records; to whom available.
Sec. 54-142l. Challenge to completeness or accuracy of record.
Sec. 54-142m. Disclosure of nonconviction information by criminal justice agency.
Sec. 54-142n. Further provisions for disclosure of nonconviction information.
Sec. 54-142o. Dissemination of nonconviction information to noncriminal justice agencies.
Sec. 54-142p. Letter of criminal record or no criminal record to enter United States or foreign nation.
Sec. 54-142q. Criminal Justice Information System Governing Board to oversee offender-based tracking system. Members. Duties and responsibilities.

PART I
ERASURE

      Sec. 54-142a. (Formerly Sec. 54-90). Erasure of criminal records. (a) Whenever in any criminal case, on or after October 1, 1969, the accused, by a final judgment, is found not guilty of the charge or the charge is dismissed, all police and court records and records of any state's attorney pertaining to such charge shall be erased upon the expiration of the time to file a writ of error or take an appeal, if an appeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken. Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect.

      (b) Whenever in any criminal case prior to October 1, 1969, the accused, by a final judgment, was found not guilty of the charge or the charge was dismissed, all police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased by operation of law and the clerk or any person charged with the retention and control of such records shall not disclose to anyone their existence or any information pertaining to any charge so erased; provided nothing in this subsection shall prohibit the arrested person or any one of his heirs from filing a petition for erasure with the court granting such not guilty judgment or dismissal, or, where the matter had been before a municipal court, a trial justice, the Circuit Court or the Court of Common Pleas with the records center of the Judicial Department and thereupon all police and court records and records of the state's attorney, prosecuting attorney or prosecuting grand juror pertaining to such charge shall be erased. Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect.

      (c) Whenever any charge in a criminal case has been nolled in the Superior Court, or in the Court of Common Pleas, if at least thirteen months have elapsed since such nolle, all police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased. However, in cases of nolles entered in the Superior Court, Court of Common Pleas, Circuit Court, municipal court or by a justice of the peace prior to April 1, 1972, such records shall be deemed erased by operation of law and the clerk or the person charged with the retention and control of such records shall not disclose to anyone their existence or any information pertaining to any charge so erased, provided nothing in this subsection shall prohibit the arrested person or any one of his heirs from filing a petition to the court or to the records center of the Judicial Department, as the case may be, to have such records erased, in which case such records shall be erased. Whenever any charge in a criminal case has been continued at the request of the prosecuting attorney, and a period of thirteen months has elapsed since the granting of such continuance during which period there has been no prosecution or other disposition of the matter, the charge shall be construed to have been nolled as of the date of termination of such thirteen-month period and such erasure may thereafter be effected or a petition filed therefor, as the case may be, as provided in this subsection for nolled cases.

      (d) Whenever prior to October 1, 1974, any person who has been convicted of an offense in any court of this state has received an absolute pardon for such offense, such person or any one of his heirs may, at any time subsequent to such pardon, 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 with the records center of the Judicial Department if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice court, for an order of erasure, and the Superior Court or records center of the Judicial Department shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such case to be erased. Whenever such absolute pardon was received on or after October 1, 1974, such records shall be erased.

      (e) The clerk of the court or any person charged with retention and control of such records in the records center of the Judicial Department or any law enforcement agency having information contained in such erased records shall not disclose to anyone, except the subject of the record, upon submission pursuant to guidelines prescribed by the Office of the Chief Court Administrator of satisfactory proof of the subject's identity, information pertaining to any charge erased under any provision of this section and such clerk or person charged with the retention and control of such records shall forward a notice of such erasure to any law enforcement agency to which he knows information concerning the arrest has been disseminated and such disseminated information shall be erased from the records of such law enforcement agency. Such clerk or such person, as the case may be, shall provide adequate security measures to safeguard against unauthorized access to or dissemination of such records or upon the request of the accused cause the actual physical destruction of such records, except that such clerk or such person shall not cause the actual physical destruction of such records until three years have elapsed from the date of the final disposition of the criminal case to which such records pertain. No fee shall be charged in any court with respect to any petition under this section. Any person who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

      (f) Upon motion properly brought, the court or a judge thereof, if such court is not in session, may order disclosure of such records (1) to a defendant in an action for false arrest arising out of the proceedings so erased or (2) to the prosecuting attorney and defense counsel in connection with any perjury charges which the prosecutor alleges may have arisen from the testimony elicited during the trial. Such disclosure of such records is subject also to any records destruction program pursuant to which the records may have been destroyed. The jury charge in connection with erased offenses may be ordered by the judge for use by the judiciary, provided the names of the accused and the witnesses are omitted therefrom.

      (g) 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 information or indictment containing more than one count (1) while the criminal case is pending, or (2) when the criminal case is disposed unless and until all counts are entitled to erasure in accordance with the provisions of this section. Nothing in this section shall require the erasure of any information contained in the registry of protective orders established pursuant to section 51-5c.

      (h) 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, assistant court reporter or monitor.

      (1949 Rev., S. 8840; 1963, P.A. 482; 642, S. 72; 1967, P.A. 181; 663; 1969, P.A. 229, S. 1; 1971, P.A. 635, S. 1; 1972, P.A. 20, S. 2; P.A. 73-276, S. 1, 2; P.A. 74-52, S. 1, 2; 74-163, S. 1-3; 74-183, S. 152, 291; P.A. 75-541, S. 1, 2; P.A. 76-345; 76-388, S. 4, 6; 76-436, S. 10a, 551, 681; P.A. 77-429; 77-452, S. 40, 41, 42, 72; P.A. 81-218, S. 1; P.A. 83-486, S. 7; P.A. 91-3; P.A. 93-142, S. 3, 8; P.A. 95-133, S. 1; P.A. 96-63, 96-79, S. 1; P.A. 99-215, S. 18, 29; P.A. 02-132, S. 60.)

      History: 1963 acts substituted circuit court for court of common pleas, added provision for case when accused is found not guilty and provided for erasure of court records; 1967 acts added provisions re cases in common pleas, municipal and justice courts, reduced period to elapse before petition from three years to one year and added provisions requiring that petition have summons and proposed order appended, that copy of petition, summons and order be served at least fourteen days before return day on specified persons, that clerk not disclose information pertaining to erased charge, that fee not be charged with respect to petition and that person subject of erasure order shall not be deemed to have been arrested ab initio with respect to erased proceedings; 1969 act inserted new provisions designated as Subsecs. (a) and (b) re final judgment of not guilty or dismissal of charges, designated previous provisions as Subsecs. (c) and (e), amending Subsec. (c) to remove references to judgments of not guilty and dismissal of charge for which application was previously same as for nolle and rephrasing Subsec. (e), and inserted new provisions re pardons as Subsec. (d); 1971 act deleted requirement that petition have summons and proposed order appended and that copy of petition, summons and proposed order be served at least fourteen days before return day on specified persons; 1972 act added provisions applicable to continued cases in Subsec. (c); P.A. 73-276 deleted provisions re filing of petition with court granting nolle or with circuit court in matters pertaining to municipal court or justice of the peace and required that thirteen months rather than one year have elapsed since nolle before petition filed; P.A. 74-52 amended Subsec. (c) to delete reference to nolles in common pleas court, municipal court or by justice of the peace, adding provision re nolles entered in those courts and in superior and circuit courts prior to April 1, 1972; P.A. 74-163 amended Subsec. (d) to specify applicability before or on and after October 1, 1974, added provisions in Subsec. (e) re forwarding of erasure notices, etc. and re storage or destruction of records and added Subsec. (f) re disclosure of records to accused or defendant; P.A. 74-183 amended section to reflect transfer of circuit court jurisdiction to common pleas court, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 75-541 restated Subsec., prohibiting law enforcement agencies from disclosing information, referring to law enforcement agencies generally, rather than to persons, bodies or agencies including state department of police and required that court records and records of state's or prosecuting attorneys be sealed, replacing reference to unspecified records and added Subsec. (g) clarifying applicability of provisions re police or court records or records of state's or prosecuting attorneys; P.A. 76-345 added provisions in Subsec. (b) re police and court records and records of state's or prosecuting attorney, substituted nolles in common pleas court for those in circuit court in Subsec. (c) pursuant to requirements of P.A. 74-183 and added provisions in Subsec. (f) re disclosure of records in connection with perjury charge, re disclosure subject to records destruction program and re use of jury charge; P.A. 76-388 specified applicability re office of chief judge of court of common pleas; P.A. 76-436 amended section to reflect transfer of all trial jurisdiction to superior court, deleting references to chief judge, clerk and prosecuting attorneys of common pleas and other lesser courts and adding references to chief court administrator, effective July 1, 1978; P.A. 77-429 authorized disclosure to hospital or institution where accused confined in Subsec. (f); P.A. 77-452 confirmed substitution of chief court administrator for chief judge of common pleas court and other related changes made in Subsecs. (b), (c) and (e); Sec. 54-90 transferred to Sec. 54-142a in 1979; P.A. 81-218 provided that in a criminal case where the accused is found not guilty, the charge shall be erased upon expiration of time to file a writ of error or appeal or upon final determination of the appeal sustaining a finding of not guilty, required retention and control of records in the records center of the judicial department rather than in the office of chief court administrator, allowed a charge to be construed as nolled only if the charge has been continued at the request of the prosecuting attorney, rather than continued in superior or common pleas court, allowed court to order disclosure of records upon application of the accused, replacing provision which allowed disclosure if court finds that nondisclosure "may be harmful to the accused in a civil action" and added references to indictments in Subsec. (g); P.A. 83-486 amended Subsec. (a) by adding provision that erasure is not required of record pertaining to a charge for which the defendant was found, by reason of mental disease or defect, not guilty or guilty but not criminally responsible, amended Subsec. (b) by adding provision that erasure is not required of record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect, and amended Subsec. (f) by deleting provision which authorized court to disclose records to "any hospital or institution to which an accused is confined under the provisions of section 53a-47"; P.A. 91-3 amended Subsec. (e) to permit disclosure of records to subject of record pursuant to guidelines of chief court administrator of satisfactory proof of identity and amended Subsec. (f) by deleting language re disclosure of records by the court to the accused; P.A. 93-142 added "or dismissed" after "nolled"; P.A. 95-133 amended Subsec. (g) by deleting language re any count of any information which was nolled or dismissed and substituted indictment or information "containing more than one count" and added provision re disclosure and nonerasure of such information or indictment; P.A. 96-63 added Subsec. (h) to provide that the term "court records" does not include a record or transcript of the proceedings made or prepared by an official court reporter, assistant court reporter or monitor; P.A. 96-79 amended Subsec. (e) to add exception prohibiting the actual physical destruction of such records until three years have elapsed from the date of the final disposition of the criminal case to which such records pertain; P.A. 99-215 amended Subsec. (g) by deleting former provision prohibiting erasure if conviction upon one or more counts of information and permitting disclosure of information or indictment and substituting provision prohibiting erasure while criminal case is pending or when criminal case is disposed unless and until all counts are entitled to erasure in accordance with the provisions of this section, effective June 29, 1999; P.A. 02-132 amended Subsec. (g) by adding provision re information contained in the registry of protective orders established pursuant to Sec. 51-5c, effective January 1, 2003.

      See Sec. 29-15 re return of fingerprints, pictures and descriptions, etc. to persons found not guilty or whose cases are dismissed or nolled.

      See Sec. 46b-146 re erasure of police and court records of delinquent children.

      See Sec. 54-76o re erasure of police and court records of youthful offenders.

      Annotations to former section 54-90:

      All police and court records include transcripts of criminal proceedings. 165 C. 152. Prohibition against disclosure of information includes transcripts and applies to everyone. Id. Cited. 179 C. 617, 619. Cited. 240 C. 590.

      Cited. 29 CS 333; Id., 344; 30 CS 108; Id., 181; Id., 197; Id., 211. Cited. 31 CS 179. Preliminary motions in criminal cases entitled State v. Anonymous, in view of this section. 31 CS 292; Id., 353. Cited. 32 CS 304. Cited. 33 CS 55. Cited. 34 CS 527. Cited. Id., 656. Early release of transcripts to defendants during criminal trial not a violation of this statute since in event of acquittal they would be entitled to them under provisions of subsection (f). 36 CS 9, 11-14.

      Cited. 6 Conn. Cir. Ct. 655; Id., 667; Id., 751, 752.

      Subsec. (c):

      Application of statute to claim of denial of right to speedy trial. 174 C. 89, 91, 94. Cited. 179 C. 1, 11. Cited. 240 C. 590.

      Applies where a nolle was properly and unconditionally entered. 35 CS 516, 518.

      Subsec. (f):

      Subsection must be construed to allow disclosure not only to defendant in action for false arrest but also to defendant in action for malicious prosecution. 33 CS 158. Cited. 36 CS 9, 12, 13.

      Annotations to present section:

      Cited. 179 C. 617, 619. Cited. 183 C. 183, 184, 187, 188. Fingerprints, pictures and description and other identification data regulated by Sec. 29-15 are not among the records whose disclosure is governed by this statute. 192 C. 488-490, 492, 494-497. Because disputed testimony was based on personal knowledge independent of the erased records, statute did not bar its admission. 200 C. 440, 448-453. Cited. 201 C. 517, 522. Cited. 206 C. 100, 108, 109. Act "not intended to obliterate memory or to exclude any testimony not shown to have been derived from erased records". 216 C. 541, 542, 546-550, 552. Erasure act cited. Id. Cited. 227 C. 641, 655. Cited. 232 C. 922. Cited. 237 C. 339, 348. Cited. Id., 501. Cited. 240 C. 590.

      Defendant was entitled to erasure under the statute. Confidentiality afforded by Sec. 46b-11 does not sufficiently protect this right. 2 CA 472, 484, 485. Cited. 3 CA 590, 594. Statute does not prevent police officers from testifying at subsequent parole hearing. 5 CA 343, 344. Cited. 10 CA 103, 104. Cited. 11 CA 224, 225. Cited. 37 CA 62, 66, 67; judgment reversed, see 237 C. 501 et seq. Cited. 38 CA 777, 797. Cited. 40 CA 705, 712; judgment reversed, see 240 C. 590 et seq. Cited. 41 CA 649, 656.

      Cited. 35 CS 186, 193. Early release of transcripts to defendants during criminal trial not a violation of this statute since in event of acquittal they would be entitled to them under provisions of subsection (f). 36 CS 9, 11-14. Information contained in records automatically erased is unavailable to state in further proceedings. Id., 91, 92. Cited. 38 CS 661. Cited. 40 CS 20. Cited. Id., 38. Cited. Id., 38, 46. Cited. Id., 498. Cited. 41 CS 356.

      Subsec. (a):

      Cited. 216 C. 541, 543, 549, 551. Cited. 237 C. 339, 342. Cited. Id., 501. Cited. 240 C. 590.

      Cited. 10 CA 103, 104. Cited. 37 CA 62, 67; judgment reversed, see 237 C. 501 et seq..

      Cited. 38 CS 661, 662.

      Subsec. (b):

      Cited. 240 C. 590.

      Cited. 37 CA 62, 67; judgment reversed, see 237 C. 501 et seq. Term "records" does not include evidence obtained by police in the course of an investigation, nor does it preclude testimony of witnesses as to their personal recollection of events. 68 CA 596.

      Subsec. (c):

      Cited. 179 C. 1, 11. Cited. 180 C. 153, 163. Cited. 185 C. 199, 201, 211. Cited. 192 C. 488, 490, 492, 493, 495-497. Cited. 197 C. 602, 604, 605. Cited. 198 C. 435, 441. Cited. 200 C. 453, 455. Cited. 209 C. 52, 57. Cited. Id., 133, 141. Given that a dismissal or erasure pursuant to Sec. 54-142a(a) or (b) would trigger application of Sec. 50-39a, court concluded same result should follow erasure of records of a nolled case under this section; judgment of appellate court in Cislo v. Shelton, 40 CA 705, reversed. 240 C. 590.

      Cited. 11 CA 224, 225. Cited. 20 CA 737, 740, 742, 743.

      Information contained in records automatically erased after a nolle is unavailable to the state in the preparation of a new warrant. 36 CS 91, 93. Cited. 37 CA 62, 67; judgment reversed, see 237 C. 501 et seq. Cited. 40 CA 705-707, 712, 715; judgment reversed, see 240 C. 590 et seq.

      Subsec. (d):

      Meaning of "court records" discussed and construed. 183 C. 183, 184.

      Cited. 37 CA 62, 67; judgment reversed, see 237 C. 501 et seq.

      Subsec. (e):

      Cited. 183 C. 183-185, 188. Cited. 192 C. 488, 492, 493. Cited. 208 C. 411, 418. Cited. 216 C. 541, 551. Cited. 237 C. 339, 342, 348. By filing a notice of intent to institute an action against town, defendant has waived provision of section that would otherwise permit him to have his arrest records destroyed; judgment of court in State v. Anonymous, 37 CA 62, reversed. Id., 501.

      Cited. 11 CA 224, 225. Cited. 37 CA 62, 64, 69; judgment reversed, see 237 C. 501 et seq.

      Subsec. (f):

      Cited. 183 C. 183, 185. By filing notice of intent to institute an action against town, defendant has waived nondisclosure provisions of the section; judgment of appellate court in State v. Anonymous, 37 CA 62, reversed. 237 C. 501.

      Cited. 3 CA 590, 595. Cited. 20 CA 737, 742. Cited. 37 CA 62-66, 68-70; judgment reversed, see 237 C. 501 et seq. Subdiv. (1) cited. Id., 62, 67. Cited. 38 CA 777, 797.

      Subsec. (g):

      Cited. 237 C. 339, 343.

      Cited. 20 CA 737, 742.

      Subsec. (h):

      Court properly prospectively applied "court records" exclusion and court properly concluded that plaintiff's right to erasure did not vest until he was found not guilty on March 22, 2000. 67 CA 221.

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142b. (Formerly Sec. 54-90a). Erasure of record of girl found guilty of being in manifest danger. Any person who has been found guilty under section 17-379 or any statute predecessor thereto, if she has been convicted of no other offense prior to her twenty-first birthday, may file a petition with the court by which she was found guilty, or, if such finding was by a trial justice or municipal court or the Circuit Court, to the Office of the Chief Court Administrator for an order of erasure, and such court shall thereupon order all police and court records and records of the state's or prosecuting attorney pertaining to such case to be erased.

      (1971, P.A. 192; P.A. 74-183, S. 153, 291; P.A. 75-567, S. 23, 80; P.A. 76-336, S. 12; 76-436, S. 552, 681; P.A. 77-452, S. 43, 72.)

      History: P.A. 74-183 revised section to reflect transfer of circuit court jurisdiction to court of common pleas, effective December 31, 1974; P.A. 75-567 specified applicability of Sec. 17-379 of "Revision of 1958, Revised to 1968" but added language was not codified; P.A. 76-336 applied provisions to persons "found guilty" under Sec. 17-379 rather than to persons "committed to any institution" under that section; P.A. 76-436 referred to persons "convicted" under Sec. 17-379 rather than to those "found guilty" and required filing of erasure petition to office of chief court administrator rather than to common pleas court for commitments by trial justice, municipal court or circuit court, reflecting transfer of all trial jurisdiction to superior court and reorganization of judicial system, effective July 1, 1978; P.A. 77-452 restored reference to persons "found guilty" under Sec. 17-379; Sec. 54-90a transferred to Sec. 54-142b in 1979.

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142c. Disclosure of erased records. (a) The clerk of the court or any person charged with retention and control of erased records by the Chief Court Administrator or any criminal justice agency having information contained in such erased records shall not disclose to anyone the existence of such erased records or information pertaining to any charge erased under any provision of this part, except as otherwise provided in this chapter.

      (b) Notwithstanding any other provisions of this chapter, within two years from the date of disposition of any case, the clerk of the court or any person charged with retention and control of erased records by the Chief Court Administrator or any criminal justice agency having information contained in such erased records may disclose to the victim of a crime or the victim's legal representative the fact that the case was dismissed. If such disclosure contains information from erased records, the identity of the defendant or defendants shall not be released, except that any information contained in such records, including the identity of the person charged may be released to the victim of the crime or the victim's representative upon written application by such victim or representative to the court stating (1) that a civil action has been commenced for loss or damage resulting from such act, or (2) the intent to bring a civil action for such loss or damage. Any person who obtains criminal history record information by falsely representing to be the victim of a crime or the victim's representative shall be fined not more than five thousand dollars or imprisoned not less than one year or more than five years or both.

      (P.A. 78-200, S. 15; P.A. 81-117; 81-218, S. 2; P.A. 88-278, S. 3, 4; P.A. 99-277, S. 2; P.A. 00-196, S. 43; P.A. 03-19, S. 128.)

      History: P.A. 81-117 added Subsec. (b) re release of information contained in erased records to crime victim or his legal representative; P.A. 81-218 prohibited disclosure of information re any charge erased under part I, rather than part II, of this chapter, except as otherwise provided in chapter; P.A. 88-278 amended Subsec. (b) to permit information and identity of person contained in erased records to be released to victim upon written application stating (1) civil action has been commenced or (2) intent to bring civil action; P.A. 99-277 amended Subsec. (b) by changing "one year" to "two years" from the date of disposition of the case and making technical changes; P.A. 00-196 made a technical change in Subsec. (b); P.A. 03-19 made technical changes in Subsec. (a), effective May 12, 2003.

      Cited. 183 C. 183, 185. Cited. 200 C. 440, 453.

      Cited. 40 CA 705, 712; judgment reversed, see 240 C. 590 et seq.

      Subsec. (b):

      Cited. 237 C. 339, 343.

      Cited. 20 CA 737, 742.

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142d. Destruction of record of decriminalized offense. Whenever any person has been convicted of an offense in any court in this state and such offense has been decriminalized subsequent to the date of such conviction, such person 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 with the records center of the Judicial Department if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice, for an order of erasure, and the Superior Court or records center of the Judicial Department shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such case to be physically destroyed.

      (P.A. 83-6.)

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Secs. 54-142e and 54-142f. Reserved for future use.

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

PART II*
SECURITY AND PRIVACY OF CRIMINAL RECORDS

      *Sec. 54-142g-54-142p cited. 40 CA 705, 712; judgment reversed, see 240 C. 590 et seq.

      Sec. 54-142g. Definitions. For purposes of this part and sections 29-11 and 54-142c, the following definitions shall apply:

      (a) "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, or other formal criminal charges or any events and outcomes arising from those arrests, releases, detentions, including pleas, trials, sentences, appeals, incarcerations, correctional supervision, paroles and releases; but does not include intelligence, presentence investigation, investigative information or any information which may be disclosed pursuant to subsection (f) of section 54-63d.

      (b) "Criminal justice agency" means any court with criminal jurisdiction, the Department of Motor Vehicles or any other governmental agency created by statute which is authorized by law and engages, in fact, as its principal function in activities constituting the administration of criminal justice, including, but not limited to, organized municipal police departments, the Division of State Police, the Department of Correction, the Court Support Services Division, the Office of Policy and Management, the state's attorneys, assistant state's attorneys and deputy assistant state's attorneys, the Board of Pardons and Paroles, the Chief Medical Examiner and the Office of the Victim Advocate. "Criminal justice agency" includes any component of a public, noncriminal justice agency if such component is created by statute and is authorized by law and, in fact, engages in activities constituting the administration of criminal justice as its principal function.

      (c) "Conviction information" means criminal history record information which has not been erased, as provided in section 54-142a, and which discloses that a person has pleaded guilty or nolo contendere to, or was convicted of, any criminal offense, and the terms of the sentence.

      (d) "Current offender information" means information on the current status and location of all persons who (1) are arrested or summoned to appear in court; (2) are being prosecuted for any criminal offense in Superior Court; (3) have an appeal pending from any criminal conviction; (4) are detained or incarcerated in any correctional facility in this state; or (5) are subject to the jurisdiction or supervision of any probation, parole or correctional agency in this state, including persons transferred to other states for incarceration or supervision.

      (e) "Nonconviction information" means (1) criminal history record information that has been "erased" pursuant to section 54-142a; (2) information relating to persons granted youthful offender status; (3) continuances which are more than thirteen months old. Nonconviction information does not mean conviction information or current offender information.

      (f) "Disclosure" means the communication of information to any person by any means.

      (g) "Dismissal" means (1) prosecution of the charge against the accused was declined pursuant to rules of court or statute; or (2) the judicial authority granted a motion to dismiss pursuant to rules of court or statute; or (3) the judicial authority found that prosecution is no longer possible due to the limitations imposed by section 54-193.

      (P.A. 78-200, S. 1; 78-303, S. 85, 136; P.A. 79-398; P.A. 80-190, S. 13; 80-193; P.A. 81-437, S. 5, 12; 81-472, S. 96, 159; P.A. 82-346, S. 4, 7; 82-472, S. 170, 183; P.A. 83-587, S. 80, 96; June Sp. Sess. P.A. 98-1, S. 75, 121; P.A. 99-186, S. 12; P.A. 00-20, S. 1, 4; P.A. 02-132, S. 49; P.A. 04-234, S. 2.)

      History: P.A. 78-303 allowed substitution of division of state police for state police department in Subdiv. (b) reflecting department's incorporation as division within the department of public safety pursuant to P.A. 77-614; P.A. 79-398 redefined "nonconviction information" to exclude nolles that have not been erased and information with a substitute information which were previously expressly included; P.A. 80-190 deleted coroners from definition of "criminal justice agency"; P.A. 80-193 included court records as "criminal history record information"; P.A. 81-437 amended Subsec. (a) to include any information which may be disclosed pursuant to Subsec. (d) of Sec. 54-63d; P.A. 81-472 made technical corrections; P.A. 82-346 deleted the Connecticut justice commission from the definition of "criminal justice agency"; P.A. 82-472 changed effective date of P.A. 82-346 from July 1, 1982, to January 1, 1983; P.A. 83-587 included the office of policy and management within the definition of "criminal justice agency"; June Sp. Sess. P.A. 98-1 made technical changes in Subsec. (b), effective June 24, 1998; P.A. 99-186 amended Subsec. (a) to make a technical change in a statutory reference; P.A. 00-20 amended Subsec. (b) to include the Office of the Victim Advocate within the definition of "criminal justice agency", effective April 25, 2000; P.A. 02-132 amended Subsec. (b) by replacing "Office of Adult Probation" with "the Court Support Services Division", deleting "bail commissioners" and making technical changes; P.A. 04-234 replaced Board of Pardons and Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      Cited. 183 C. 183, 185.

      Cited. 40 CA 705, 712; judgment reversed, see 240 C. 590 et seq. Cited. 41 CA 649, 656.

      Subdiv. (a):

      Cited. 186 C. 153, 158.

      Subdiv. (g):

      Cited. 40 CA 705, 712; judgment reversed, see 240 C. 590 et seq.

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142h. Data collection; audit; maintenance of records and log. (a) All criminal justice agencies that collect, store or disseminate criminal history record information shall institute a process of data collection, entry, storage and systematic audit that will minimize the possibility of recording and storing inaccurate criminal history record information, and shall notify, upon the discovery of any such inaccuracy, all criminal justice agencies known to have received such information. The Division of Criminal Justice may give advice to criminal justice agencies concerning the collection, storage and dissemination of criminal history record information, provided the giving of such advice shall not interfere with the duties or supersede the authority of the state librarian or public records administrator with respect to public records.

      (b) For the purpose of verifying the completeness and accuracy of criminal history record information collected and maintained by criminal justice information agencies subject to Title 28, Chapter 1, Part 20 of the Code of Federal Regulations, the Division of Criminal Justice shall conduct an annual audit of the records maintained by such agencies. Said division shall provide for a random sample of criminal justice agencies to be audited each year.

      (c) Criminal justice agencies subject to such audits shall maintain and retain records that will facilitate such audits, including, but not limited to, the keeping of a log which chronologically records the date nonconviction record information was disclosed, the information disclosed, how or where the information was obtained and the person or criminal justice agency to whom the information was disseminated. Such log shall be maintained for a minimum period of twelve months. It shall not be necessary to log the disclosure of nonconviction record information to any authorized officer or employee within such agency.

      (P.A. 78-200, S. 8; P.A. 82-346, S. 5, 7; 82-472, S. 170, 183; P.A. 92-134, S. 1.)

      History: P.A. 82-346 replaced Connecticut justice commission with the division of criminal justice as auditor of records in Subsec. (b); P.A. 82-472 changed effective date of P.A. 82-346 from July 1, 1982, to January 1, 1983; P.A. 92-134 amended Subsec. (a) to add provision authorizing the division of criminal justice to give advice to criminal justice agencies re collection, storage and dissemination of criminal history record information.

      Subsec. (c):

      Cited. 183 C. 183, 185.

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142i. Duties of criminal justice agencies re collection, storage or dissemination of criminal history record information. Personnel. All criminal justice agencies which collect, store or disseminate criminal history record information shall:

      (a) Screen and have the right to reject for employment, based on good cause, all personnel to be authorized to have direct access to criminal history record information;

      (b) Initiate or cause to be initiated administrative action that could result in the transfer or removal of personnel authorized to have direct access to such information when such personnel violate the provisions of these regulations or other security requirements established for the collection, storage or dissemination of criminal history record information;

      (c) Provide that direct access to computerized criminal history record information shall be available only to authorized officers or employees of a criminal justice agency, and, as necessary, other authorized personnel essential to the proper operation of a criminal history record information system, except that the judicial branch may provide disclosable information from its combined criminal and motor vehicle information systems to the public electronically, including through the Internet, in accordance with guidelines established by the Chief Court Administrator;

      (d) Provide that each employee working with or having access to criminal history record information shall be made familiar with the substance and intent of the provisions in this section;

      (e) Whether manual or computer processing is utilized, institute procedures to assure that an individual or agency authorized to have direct access is responsible for the physical security of criminal history record information under its control or in its custody, and for the protection of such information from unauthorized access, disclosure or dissemination. The State Police Bureau of Identification shall institute procedures to protect both its manual and computerized criminal history record information from unauthorized access, theft, sabotage, fire, flood, wind or other natural or man-made disasters;

      (f) Where computerized data processing is employed, institute effective and technologically advanced software and hardware designs to prevent unauthorized access to such information and restrict to authorized organizations and personnel only, access to criminal history record information system facilities, systems operating environments, systems documentation, and data file contents while in use or when stored in a media library;

      (g) Develop procedures for computer operations which support criminal justice information systems, whether dedicated or shared, to assure that: (1) Criminal history record information is stored by the computer in such a manner that it cannot be modified, destroyed, accessed, changed purged, or overlaid in any fashion by noncriminal justice terminals; (2) operation programs are used that will prohibit inquiry, record updates, or destruction of records, from any terminal other than criminal justice system terminals which are so designated; (3) the destruction of records is limited to designated terminals under the direct control of the criminal justice agency responsible for creating or storing the criminal history record information; (4) operational programs are used to detect and store for the output of designated criminal justice agency employees all unauthorized attempts to penetrate any criminal history record information system, program or file; (5) the programs specified in subdivisions (2) and (4) of this subsection are known only to criminal justice agency employees responsible for criminal history record information system control or individuals or agencies pursuant to a specific agreement with the criminal justice agency to provide such programs and the programs are kept continuously under maximum security conditions.

      (P.A. 78-200, S. 6; P.A. 99-215, S. 19, 29.)

      History: P.A. 99-215 amended Subsec. (c) by adding exception for judicial branch to provide disclosable information from combined criminal and motor vehicle systems to the public electronically in accordance with guidelines by Chief Court Administrator, effective June 29, 1999.

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142j. Adoption of regulations and procedures. The Commissioner of Public Safety shall adopt regulations to establish procedures for criminal justice agencies to query the central repository prior to dissemination of any criminal history disposition information to assure that the most up to date disposition data is being used. Inquiries to the State Police Bureau of Identification shall be made prior to any dissemination except in those cases where time is of the essence and the repository is technically incapable of responding within the necessary time period.

      (P.A. 78-200, S. 9.)

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142k. Inspection of criminal history records; to whom available. (a) Each person or agency holding criminal history record information shall establish reasonable hours and places of inspection of such information.

      (b) Conviction information shall be available to the public for any purpose.

      (c) Any person shall, upon satisfactory proof of his identity, be entitled to inspect, for purposes of verification and correction, any nonconviction information relating to him and upon his request shall be given a computer printout or photocopy of such information for which a reasonable fee may be charged provided that no erased record may be released except as provided in subsection (f) of section 54-142a. Before releasing any exact reproductions of nonconviction information to the subject, the agency holding such information may remove all personal identifying information from it.

      (d) Any person may authorize in writing an agency holding nonconviction information pertaining directly to such person to disclose such information to his attorney-at-law. The holding agency shall permit such attorney to inspect and obtain a copy of such information if both his identity and that of his client are satisfactorily established; provided no erased record may be released unless such attorney attests to his client's intention to challenge the accuracy of such record.

      (e) Any person who obtains criminal history record information other than conviction information by falsely representing to be the subject of the information shall be guilty of a class D felony.

      (P.A. 78-200, S. 10; P.A. 79-631, S. 12, 111; P.A. 80-218; June Sp. Sess. P.A. 83-29, S. 78, 82; P.A. 85-604; P.A. 89-28; P.A. 90-104; P.A. 92-134, S. 2; 92-262, S. 16, 42; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 94-117, S. 2.)

      History: P.A. 79-631 substituted reference to Sec. 54-142a(f) for reference to Sec. 54-90(j) in Subsec. (c); P.A. 80-218 added Subsec. (f) re disclosure of criminal conviction information to department of children and youth services or other youth service agencies; June Sp. Sess. P.A. 83-29 added Subsec. (g) re disclosure of criminal conviction record information to the department of mental retardation and confidentiality of such information; P.A. 85-604 added Subsecs. (h) and (i) re disclosure of criminal conviction information to the departments of human resources and health services and confidentiality of such information; P.A. 89-28 added Subsec. (j) re disclosure of criminal conviction information to family division of superior court and confidentiality of such information; P.A. 90-104 added Subsec. (k) concerning access to records by the department of mental health; P.A. 92-134 added Subsec. (l) re disclosure of criminal conviction information to the attorney general or an attorney representing a party in any juvenile matter and confidentiality of such information; P.A. 92-262 added Subsec.(m) concerning the department of education's right to criminal conviction records of applicants for certification and persons certified under Sec. 10-145b; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 94-117 amended Subsec. (b) to provide that conviction information shall be available to public for any purpose, amended Subsec. (e) by adding phrase "other than conviction information" and changed "record" to "information" and deleted Subsecs. (f) to (m), inclusive, re access of various agencies to criminal conviction records of certain people.

      Subsec. (a):

      Cited. 36 CS 89, 90.

      Subsec. (b):

      Cited. 36 CS 89, 90.

      Subsec. (c):

      Cited. 183 C. 183, 185.

      Subsec. (d):

      Cited. 183 C. 183, 185.

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142l. Challenge to completeness or accuracy of record. (a) A person may challenge the completeness and accuracy of such information by giving written notice of his challenge to the State Bureau of Identification and to the agency at which he inspected the information, if other than the State Police Bureau of Identification. The notice shall contain a sworn statement that the information in or supporting the challenge is accurate and that the challenge is made in good faith.

      (b) Upon receipt of the notice, the State Police Bureau of Identification shall conduct an audit of the part of such person's criminal history record information which is necessary to determine the accuracy of the challenge, and may require any criminal justice agency which was the source of the challenged information to verify such information. Within sixty days after the notice is received, the State Bureau of Identification shall notify the person in writing of the results of the audit, and of his right to appeal if the challenge is rejected.

      (P.A. 78-200, S. 7.)

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142m. Disclosure of nonconviction information by criminal justice agency. (a) A criminal justice agency holding nonconviction information may disclose it to persons or agencies not otherwise authorized (1) for the purposes of research, evaluation or statistical analysis or (2) if there is a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to such agreement. The judicial branch may disclose nonconviction information to a state agency pursuant to an agreement to provide services related to the collection of moneys due. Any such disclosure of information shall be limited to that information necessary for the collection of moneys due. Pursuant to an agreement, the judicial branch may disclose nonconviction information to the Department of Mental Health and Addiction Services for the administration of court-ordered evaluations and the provision of programs and services to persons with psychiatric disabilities and substance abuse treatment needs.

      (b) No nonconviction information may be disclosed to such persons or agencies except pursuant to a written agreement between the agency holding it and the persons to whom it is to be disclosed.

      (c) The agreement shall specify the information to be disclosed, the persons to whom it is to be disclosed, the purposes for which it is to be used, the precautions to be taken to insure the security and confidentiality of the information and the sanctions for improper disclosure or use.

      (d) Persons to whom information is disclosed under the provisions of this section shall not without the subject's prior written consent disclose or publish such information in such manner that it will reveal the identity of such subject.

      (P.A. 78-200, S. 11; P.A. 80-483, S. 139, 186; P.A. 95-133, S. 2; P.A. 00-64, S. 2.)

      History: P.A. 80-483 made technical correction; P.A. 95-133 amended Subsec. (a) by adding provision permitting judicial branch to disclose nonconviction information to state agency pursuant to agreement for collection of moneys due; P.A. 00-64 amended Subsec. (a) by adding provision that, pursuant to agreement, judicial branch may disclose nonconviction information to Department of Mental and Addiction Services for administration of court-ordered evaluations and provision of programs and services to persons with psychiatric disabilities and substance abuse treatment needs.

      Cited. 183 C. 183, 185.

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142n. Further provisions for disclosure of nonconviction information. Nonconviction information other than erased information may be disclosed only to: (1) Criminal justice agencies in this and other states and the federal government; (2) agencies and persons which require such information to implement a statute or executive order that expressly refers to criminal conduct; (3) agencies or persons authorized by a court order, statute or decisional law to receive criminal history record information. Whenever a person or agency receiving a request for nonconviction information is in doubt about the authority of the requesting agency to receive such information, the request shall be referred to the state police bureau of investigation.

      (P.A. 78-200, S. 13.)

      History: (Revisor's note: In 1995 the indicators (a), (b) and (c) were changed editorially by the Revisors to (1), (2) and (3) respectively for consistency with statutory usage).

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142o. Dissemination of nonconviction information to noncriminal justice agencies. (a) Nonconviction information disseminated to noncriminal justice agencies shall be used by such agencies only for the purpose for which it was given and shall not be redisseminated.

      (b) No agency or individual shall confirm the existence or nonexistence of nonconviction information to any person or agency that would not be eligible to receive the information itself.

      (P.A. 78-200, S. 12.)

      See Sec. 54-142c re disclosure of erased records.

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142p. Letter of criminal record or no criminal record to enter United States or foreign nation. (a) Any criminal justice agency may furnish criminal history record information or a no criminal record letter to an individual in conjunction with an application to enter the United States or any foreign nation when the subject of the record (1) certified that the information is needed to complete an application to enter the United States or a foreign nation, and (2) provides proof that he is the subject of the record.

      (b) The disseminating agency shall certify that the information released is accurate as of ninety days prior to release and is being disclosed only for the purpose of assisting the subject of the record in gaining entry into the United States or a foreign nation.

      (P.A. 78-200, S. 14.)

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)

      Sec. 54-142q. Criminal Justice Information System Governing Board to oversee offender-based tracking system. Members. Duties and responsibilities. (a) There shall be a Criminal Justice Information System Governing Board, hereinafter referred to as the governing board, which shall oversee an information system that enables, as determined by the governing board and subject to this chapter, criminal justice agencies, as defined in subsection (b) of section 54-142g, and the Division of Public Defender Services to share criminal history record information, as defined in subsection (a) of section 54-142g, and to access electronically maintained offender and case data involving felonies, misdemeanors, violations, motor vehicle violations, motor vehicle offenses for which a sentence to a term of imprisonment may be imposed, and infractions. For purposes of this section, "offender-based tracking system" shall mean such information system.

      (b) The governing board shall be composed of the Chief Court Administrator, who shall serve as chairperson, the Commissioner of Public Safety, the Commissioner of Emergency Management and Homeland Security, the Secretary of the Office of Policy and Management, the Commissioner of Correction, the chairperson of the Board of Pardons and Paroles, the Chief State's Attorney, the Chief Public Defender, the Chief Information Officer of the Department of Information Technology, the Victim Advocate, the Commissioner of Motor Vehicles and the president of the Connecticut Police Chiefs Association. Each member of the governing board may appoint a designee who shall have the same powers as such member.

      (c) The governing board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary. A majority of the members shall constitute a quorum for the transaction of business.

      (d) The duties and responsibilities of the governing board shall be to: (1) Oversee the operations and administration of the offender-based tracking system; (2) establish such permanent and ad hoc committees as it deems necessary, with appointments to such committees not restricted to criminal justice agencies; (3) recommend any legislation necessary for implementation, operation and maintenance of the offender-based tracking system; (4) establish and implement policies and procedures to meet the system-wide objectives, including the provision of appropriate controls for data access and security; and (5) perform all necessary functions to facilitate the coordination and integration of the offender-based tracking system.

      (e) A member of the governing board, a member of a permanent or an ad hoc committee established by the governing board, and any person operating and administering the offender-based tracking system shall be deemed to be "state officers and employees" for the purposes of chapter 53 and section 5-141d.

      (f) Information that may be accessed by the Division of Public Defender Services pursuant to subsection (a) of this section shall be limited to: (1) Conviction information, as defined in subsection (c) of section 54-142g, (2) information that is otherwise available to the public, and (3) information, including no conviction information, concerning a client whom the division has been appointed by the court to represent and is representing at the time of the request for access to such information.

      (P.A. 99-14, S. 1, 2; P.A. 00-20, S. 2-4; P.A. 04-219, S. 24; 04-234, S. 2.)

      History: P.A. 99-14 effective May 12, 1999; P.A. 00-20 amended Subsec. (a) to authorize the Division of Public Defender Services to participate in the offender-based tracking system and added Subsec. (f) to limit the types of information that the division may access, effective April 25, 2000; P.A. 04-219 amended Subsec. (b) to add the Commissioner of Emergency Management and Homeland Security, effective January 1, 2005; P.A. 04-234 replaced Board of Pardons and Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

(Return to
Chapter Table of Contents)		(Return to
List of Chapters)		(Return to
List of Titles)