Sec. 54-142a. (Formerly Sec. 54-90). Erasure of criminal records.
Sec. 54-142s. State-wide information technology system for sharing of criminal justice information.
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 in the Superior Court where venue would exist for criminal prosecution 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) (1) 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, except that 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 to have such records erased, in which case such records shall be erased.
(2) 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 nolled upon motion of the arrested person 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) (1) 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 if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice court, in the Superior Court where venue would exist for criminal prosecution, for an order of erasure, and the Superior Court shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such offense be erased.
(2) Whenever such absolute pardon was received on or after October 1, 1974, such records shall be erased.
(e) (1) (A) Except as provided in subdivisions (2) and (3) of this subsection, whenever any person has been convicted in any court of this state of a classified or unclassified misdemeanor offense or a motor vehicle violation for which a maximum term of imprisonment of not more than one year could have been imposed, or a class D or E felony or an unclassified felony offense for which a maximum term of imprisonment of not more than five years could have been imposed or a motor vehicle violation for which a maximum term of imprisonment greater than one year and not more than five years could have been imposed, any police or court record and record of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such conviction, or any record pertaining to court obligations arising from such conviction held by the Board of Pardons and Paroles shall be erased as follows: (i) For any classified or unclassified misdemeanor offense or a motor vehicle violation for which a maximum term of imprisonment of not more than one year could have been imposed, except for a violation of section 14-227a, such records shall be erased seven years from the date on which the court entered the convicted person's most recent judgment of conviction (I) by operation of law, if such offense occurred on or after January 1, 2000, or (II) upon the filing of a petition on a form prescribed by the Office of the Chief Court Administrator, if such offense occurred prior to January 1, 2000; and (ii) for any class D or E felony, unclassified felony offense for which a maximum term of imprisonment of not more than five years could have been imposed or a motor vehicle violation for which a maximum term of imprisonment in excess of one year and not more than five years could have been imposed, or any violation of section 14-227a, such records shall be erased ten years from the date on which the court entered the convicted person's most recent judgment of conviction (I) by operation of law, if such offense occurred on or after January 1, 2000, or (II) upon the filing of a petition on a form prescribed by the Office of the Chief Court Administrator, if such offense occurred prior to January 1, 2000.
(B) For purposes of subparagraph (A) of this subdivision, the classification of the offense, and the maximum sentence that could have been imposed for a conviction of such offense, shall be determined based on the law that was in effect at the time the offense was committed.
(2) Convictions for the following offenses shall not be eligible for erasure pursuant to this subsection:
(A) Any conviction, on or after January 1, 2000, designated as a family violence crime, as defined in section 46b-38a;
(B) Any conviction for an offense that is a nonviolent sexual offense or a sexually violent offense, each as defined in section 54-250;
(C) Any conviction for a violation of section 29-33, 53a-60a, 53a-60b, 53a-60c, 53a-61a, 53a-64bb, 53a-64cc, 53a-72a, 53a-90a, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-196d, 53a-196f, 53a-211, 53a-212, 53a-216, 53a-217, 53a-217a, 53a-217c, 53a-322, 53a-323, 54-251, 54-252, 54-253 or 54-254 or subdivision (1) of subsection (a) of section 53a-189a; or
(D) Any conviction for a violation of section 14-227a if the defendant has been convicted for another violation of section 14-227a within the ten years following such conviction.
(3) The provisions of subdivision (1) of this subsection shall not apply to any conviction for any offense until the defendant:
(A) Has completed serving any period of incarceration, parole, special parole, medical parole, compassionate parole or transitional supervision associated with any sentence for such offense and any other offense for which the defendant has been convicted on or after January 1, 2000, in this state;
(B) Has completed serving any period of probation for any sentence for any crime or crimes for which the defendant has been convicted on or after January 1, 2000, in this state; and
(C) Is not the subject of any pending state criminal charge in this state.
(4) If a person has been convicted of a violation of subsection (c) of section 21a-279 prior to October 1, 2015, such conviction shall not be considered as a most recent offense when evaluating whether a sufficient period of time has elapsed for an offense to qualify for erasure pursuant to this subsection.
(5) Nothing in this subsection 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 criminal history record information has been erased pursuant to this section.
(6) Nothing in this subsection 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.
(7) Nothing in this subsection shall terminate a defendant's obligation to register as a person convicted of an offense committed with a deadly weapon pursuant to section 54-280a, a felony for a sexual purpose pursuant to section 54-254 or a criminal offense against a victim who is a minor pursuant to section 54-251.
(8) No erasure under this subsection shall be construed to terminate a defendant's obligation to abide by a standing criminal protective order imposed under section 53a-40e or terminate a defendant's obligation to pay any unremitted fine imposed as part of the court's sentence.
(9) Notwithstanding any provision of this section and the provisions of section 54-142c, any record required to substantiate any defendant's conviction shall be available to law enforcement, the court and the state's attorney for the purpose of (A) verifying such defendant's obligation to register pursuant to section 54-251, 54-254 or 54-280a and prosecuting any such defendant for violating any provision of such sections, and (B) verifying such defendant's obligation to abide by any standing criminal protective order imposed under section 53a-40e and prosecuting any such defendant for a violation of section 53a-223a.
(f) (1) Whenever a person was convicted of one or more misdemeanors committed while such person was under eighteen years of age, and the offense or offenses occurred on or after January 1, 2000, and before July 1, 2012, all police and court records and records of the state's or prosecuting attorney shall be (A) erased, if such record is in an electronic record other than a scanned copy of a physical document, or (B) deemed erased by operation of law if such record is a scanned copy of a physical document or another record that is not electronic. This subdivision shall not apply to a motor vehicle offense, a violation under title 14 or a violation of section 51-164r. The clerk of the court 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 this subdivision and such clerk shall forward a notice of such erasure to any law enforcement agency and the state's or prosecuting attorney to which he or she knows information concerning the arrest has been disseminated directing that all law enforcement and records of the state's or prosecuting attorney pertaining to such case to be so erased or so deemed erased by operation of law.
(2) Whenever a person was convicted of one or more misdemeanors committed while such person was under eighteen years of age, and the offense or offenses occurred before January 1, 2000, such person may file a petition with the Superior Court at the location in which such conviction was effected for an order of erasure, and the Superior Court shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such case to be erased.
(3) Notwithstanding subsection (i) of this section, the provisions of this subsection shall not apply in cases in which there has been a conviction for any charge for which erasure would not apply arising from the same information as any erased conviction.
(g) (1) The clerk of the court 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 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 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 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.
(2) 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.
(h) Upon motion properly brought, the court or a judge of such court, if such court is not in session, shall 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, or any false statement charges, or any proceeding held pursuant to section 53a-40b, or (3) counsel for the petitioner and the respondent in connection with any habeas corpus or other collateral civil action in which evidence pertaining to a nolled or dismissed criminal charge may become relevant. 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.
(i) (1) Except as provided in subdivision (2) of this subsection, the provisions of this section shall not apply to any criminal history record information, as defined in section 54-142g, referencing more than one count of the criminal case or, in the case of a police record, referencing more than one defendant (A) while the criminal case is pending, or (B) when the criminal case is disposed of unless and until all counts on such criminal case and, in the case of a police record, on the relevant criminal cases for all referenced defendants are entitled to erasure in accordance with the provisions of this section.
(2) When a criminal case is disposed of, qualified electronic records or portions of qualified 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.
(3) Nothing in this section shall require the erasure of any information contained in the registry of protective orders established pursuant to section 51-5c, published memoranda of decision of the Superior Court or any records of the Appellate Court or Supreme Court related to matters considered by such courts.
(4) For the purposes of this subsection, “qualified electronic record” means any police or court record or the record of any state's attorney or prosecuting attorney that is an electronic record, as defined in section 1-267, or a printout of any such electronic record, but does not include any portion of a police record that is a narrative description, including, but not limited to, any such description contained in an investigative report.
(j) An attorney of any person (1) who is the subject of any immigration matter in which disclosure of such person's criminal history record information may be required under federal law, (2) who has been convicted of an offense in any court of this state, and (3) whose criminal history record information has been erased pursuant to this chapter for such offense, may petition the Superior Court at the location in which such conviction was effected, or 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 court, the Superior Court where venue would exist for criminal prosecution, for such records, and the Superior Court shall direct that all police and court records and records of the state's or prosecuting attorney pertaining to such offense be made available to such person's attorney, to the degree that such information has been retained.
(k) No fee shall be charged in any court with respect to any petition under this section.
(l) 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 or any audio or video recording of any court proceeding.
(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; P.A. 08-151, S. 1; P.A. 12-133, S. 23; P.A. 17-216, S. 5; P.A. 21-32, S. 3; 21-33, S. 10; P.A. 22-26, S. 34; P.A. 23-134, S. 1–3; 23-169, S. 2; 23-204, S. 119.)
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 14 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 14 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 13 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; P.A. 08-151 inserted Subdiv. designators in Subsecs. (c), (d) and (e), substituted “except that” for “However” in Subsec. (c)(1), made a technical change in Subsec. (f), and amended Subsec. (g) to insert exception for electronic records released to the public in Subdiv. (2) and define “electronic record”, effective October 1, 2009; P.A. 12-133 amended Subsec. (c)(2) by substituting “nolled upon motion of the arrested person” for “construed to have been nolled as of the date of termination of such thirteen-month period”; P.A. 17-216 amended Subsec. (f) by substituting “shall order” for “may order”, adding provision re false statement charges in Subdiv. (2), adding Subdiv. (3) re habeas corpus or other collateral civil action, and making technical changes; P.A. 21-32 amended Subsec. (b) by replacing “with the records center of the Judicial Department” with “in the Superior Court where venue would exist for criminal prosecution”, amended Subsecs. (c)(1) and (d)(1) by deleting references to records center of Judicial Department and further amended Subsec. (d)(1) by adding reference to Superior Court where venue would exist and making technical changes, added new Subsec. (e) re erasure by operation of law or by petitioning process for misdemeanor or certain felony offenses, added new Subsec. (f) re erasure of misdemeanor offenses committed by person while under 18 years of age, redesignated existing Subsecs. (e) to (g) as Subsecs. (g) to (i), amended redesignated Subsec. (g) by deleting references to any person charged with retention and control of records in records center of Judicial Department in Subdiv. (1), deleting former Subdiv. (2) re prohibition on fee and redesignating existing Subdiv. (3) as Subdiv. (2), added Subsec. (j) re person subject to any immigration matter, added Subsec. (k) re prohibition on fee, and redesignated existing Subsec. (h) as Subsec. (l), effective January 1, 2023; P.A. 21-33 amended Subsec. (e)(2) by making a technical change in Subpara. (B), and adding Subpara. (C) re conviction of certain Class D felonies, Subpara. (D) re conviction of certain Class A misdemeanor offenses and Subpara. (E) re conviction of offense for which defendant has not served or completed serving sentence, effective January 1, 2023; P.A. 22-26 amended Subsec. (e)(1) by adding reference to Subdiv. (3), amended Subsec. (e)(2) by making a technical change in Subpara. (D) and deleting former Subpara. (E) re conviction of offense for which defendant has not served or completed serving sentence, added new Subsec. (e)(3) re provisions of Subsec. (e)(1) not applying to conviction for offense until defendant has completed serving sentence imposed and redesignated existing Subsecs. (e)(3) to (e)(5) as Subsecs. (e)(4) to (e)(6), effective January 1, 2023; P.A. 23-134 amended Subsec. (e) by adding provisions re motor vehicle violations, making technical and conforming changes throughout, redesignating Subdiv. (1) as Subdiv. (1)(A) and therein replacing “carrying a” with “for which a maximum”, redesignating Subdivs. (1)(A) and (1)(B) as Subdiv. (1)(A)(i) and (1)(A)(ii), Subdiv. (1)(A)(i) and (1)(A)(ii) as Subdiv. (1)(A)(i)(I) and (1)(A)(i)(II) and Subdiv. (1)(B)(i) and (1)(B)(ii) as Subdiv. (1)(B)(i)(I) and (1)(B)(i)(II), adding new Subdiv. (1)(B) re classification of an offense for purposes of redesignated Subpara. (A), adding “on or after January 1, 2000,” in Subdiv. (2)(A), deleting “a class D felony offense that is” and adding references to Secs. 29-33, 53a-61a, 53a-64cc, 53a-196d, 53a-212, 53a-217, 53a-217c and 53a-323 in Subdiv. (2)(C), replacing language re a class A misdemeanor offense of Sec. 53a-61a, 53a-64cc or 53a-323 with provision re a violation of Sec. 14-227a in Subdiv. (2)(D), deleting “has completed serving the sentence imposed for any offense or offenses for which the defendant has been convicted” in Subdiv. (3), adding provisions re completion of sentences based on timing of conviction and not being subject of pending charges as Subdiv. (3)(A) to (C) and adding Subdiv. (7) re defendant's obligation to register, Subdiv. (8) re defendant's obligation to abide by standing criminal protective order and Subdiv. (9) re availability of certain records to law enforcement, amended Subsec. (i) by redesignating existing Subdivs. (1) and (2) as Subdivs. (1) to (4), amending redesignated Subdiv. (1) by adding exception for Subdiv. (2), replacing language re police or court records or records of a state's or prosecuting attorney with language re criminal history record information referencing more than 1 count or 1 defendant, redesignating “while the criminal case is pending” as Subdiv. (1)(A), redesignating Subdiv. (2) as Subdiv. (1)(B) and therein making conforming changes and deleting “except that when the”, making conforming changes in redesignated Subdiv. (2), adding language re published memoranda of decision in redesignated Subdiv. (3) and redefining “electronic record” as “qualified electronic record” in redesignated Subdiv. (4), and amended Subsec. (l) by redefining “court records”, effective July 1, 2023; P.A. 23-169 amended Subsec. (e) by adding language re a violation of Sec. 14-227a in Subdiv. (1)(A)(i) and (1)(A)(ii) and replacing language re conviction for violation within 10 years preceding an arrest with language re a conviction for another violation within 10 years following such conviction in Subdiv. (2)(D), effective July 1, 2023; P.A. 23-204 made identical changes as P.A. 23-169, effective July 1, 2023.
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Sec. 54-142e. Judicial Department or criminal justice agency to make available information to identify erased records. Duty of consumer reporting agency or background screening provider to update and delete erased criminal records. (a) Notwithstanding the provisions of subsection (g) of section 54-142a and section 54-142c, with respect to any person, including, but not limited to, a consumer reporting agency as defined in subsection (i) of section 31-51i, or a background screening provider or similar data-based service or company, that purchases records of or files mass requests under the provisions of chapter 14 for information pertaining to criminal matters of public record, as defined in said subsection (i), from the Judicial Department or any criminal justice agency pursuant to subsection (b) of section 54-142g, the department or such criminal justice agency shall make available to such person information concerning such criminal matters of public record that have been erased pursuant to section 54-142a. Such information may include docket numbers or other information that permits the person to identify and permanently delete records that have been erased pursuant to section 54-142a.
(b) Each person, including, but not limited to, a consumer reporting agency or background screening provider or similar data-based service or company, that has purchased records of or filed a mass request under the provisions of chapter 14 for information pertaining to criminal matters of public record from the Judicial Department or any criminal justice agency shall, prior to disclosing such records, (1) purchase from the Judicial Department or such criminal justice agency, on a monthly basis or on such other schedule as the Judicial Department or such criminal justice agency may establish, any updated criminal matters of public record or information available for the purpose of complying with this section, and (2) update its records of criminal matters of public record to permanently delete such erased records not later than thirty calendar days after receipt of information on the erasure of criminal records pursuant to section 54-142a. Such person shall not further disclose such erased records, except to the subject of the records as required under 15 USC 1681g, as amended from time to time, or as otherwise required by applicable law. This subsection shall not apply to persons or entities filing a mass request under the provisions of chapter 14 for information pertaining to criminal matters of public record if the person or entity making the request is only obtaining information that does not personally identify the subjects of the criminal matters of public records and is not using the information for commercial purposes.
(c) If any consumer reporting agency, background screening provider or similar data-based service or company discloses an erased record in violation of subsection (b) of this section after thirty calendar days from the date such agency, provider, service or company received notice pursuant to subsection (a) of this section that such record had been erased, the Attorney General may send notice ordering such agency, provider, service or company to remove such erased record from any such disclosure not later than five business days following receipt of such order.
(d) For purposes of this section, “mass request” means a request concerning fifty or more criminal matters of public record.
(e) Any violation of any provision of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
(P.A. 08-53, S. 2; P.A. 10-32, S. 152; P.A. 16-83, S. 2; P.A. 21-32, S. 6; June Sp. Sess. P.A. 21-1, S. 10; P.A. 22-26, S. 37; P.A. 23-134, S. 4.)
History: P.A. 08-53 effective May 1, 2008; P.A. 10-32 made a technical change in Subsec. (a), effective May 10, 2010; P.A. 16-83 replaced reference to Sec. 31-51i(h) with reference to Sec. 31-51i(i), effective June 1, 2016; P.A. 21-32 added references to background screening provider or similar data-based service or company and criminal justice agency throughout, changed reference to Sec. 54-142a(e) to reference to Sec. 54-142a(g) in Subsec. (a) and added 30 calendar day deadline for deletion in Subsec. (b)(2), effective January 1, 2023; June Sp. Sess. P.A. 21-1 added references to background screening provider or similar data-based service or company and criminal justice agency throughout and added 30 calendar day deadline for deletion in Subsec. (b)(2), effective January 1, 2023; P.A. 22-26 amended Subsec. (a) by making a technical change, effective January 1, 2023; P.A. 23-134 amended Subsecs. (a) and (b) by adding language re mass requests, added Subsec. (c) re violation of Subsec. (b) after 30 calendar days from receipt of notice pursuant to Subsec. (a), added Subsec. (d) defining “mass request” and added Subsec. (e) re violation being deemed an unfair or deceptive trade practice, effective July 1, 2023.
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Sec. 54-142s. State-wide information technology system for sharing of criminal justice information. (a) The Criminal Justice Information System Governing Board shall design and implement a comprehensive, state-wide information technology system to facilitate the immediate, seamless and comprehensive sharing of information between all state agencies, departments, boards and commissions having any cognizance over matters relating to law enforcement and criminal justice, and organized local police departments and law enforcement officials.
(b) Such information technology system shall include, without limitation, a central tracking and information database, a central electronic document repository and centralized analytical tools, as provided in subsections (c) to (e), inclusive, of this section, all of which shall be developed with state-of-the-art technology, as provided in subsection (f) of this section, and such other components or elements as are determined to be appropriate or necessary by the board after development of a plan for the design and implementation of such system.
(c) Such information technology system shall include a central, integrated criminal justice tracking and information database that provides:
(1) Complete biographical information and vital statistics for all offenders and former offenders still living; and
(2) Tracking information for all offenders in the criminal justice system, from investigation through incarceration and release, and seamless integration with any electronic monitoring systems, global positioning systems and any offender registries.
(d) Such information technology system shall include a central, integrated electronic repository of criminal justice records and documents that provides:
(1) Access to all state and local police reports, presentence investigations and reports, psychological and medical reports, criminal records, incarceration and parole records, and court records and transcripts, whether such records and documents normally exist in electronic or hard copy form; and
(2) Access to scanning and processing facilities to ensure that such records and documents are integrated into the system and updated immediately.
(e) Such information technology system shall include centralized analytical tools, bundled together in a custom-designed enterprise system that includes:
(1) Analytical tools that empower and enhance criminal case assessment, sentencing and plea agreement analysis and pardon, parole, probation and release decisions;
(2) Analytical tools that empower and enhance forecasting concerning recidivism and future offenses for each individual offender; and
(3) Collaborative functionality that enables seamless cross-department communication, information exchange, central note-taking and comment capabilities for each offender.
(f) Such information technology system shall be developed with state-of-the-art relational database technology and other appropriate software applications and hardware, and shall be:
(1) Completely accessible by any authorized criminal justice official through the Internet;
(2) Completely integrated with the state police, organized local police departments, law enforcement agencies and such other agencies and organizations as the governing board deems necessary and appropriate, and their information systems and database applications;
(3) Indexed and cross-referenced by offender name, residence, community, criminal offense and any other data points necessary for the effective administration of the state's criminal justice system;
(4) Fully text searchable for all records;
(5) Secure and protected by high-level security and controls;
(6) Accessible to the public subject to appropriate privacy protections and controls; and
(7) Monitored and administered by the Criminal Justice Information Systems Governing Board, with the assistance of the Department of Administrative Services, provided major software and hardware needs may be provided and serviced by private, third-party vendors.
(g) Any third-party vendor or contractor of criminal justice-related record management systems, assisting in the design and implementation of the state-wide information technology system pursuant to this section, that requires access to criminal history record information maintained on the state's criminal justice information technology system shall, prior to being allowed to access such information, obtain written approval from the Criminal Justice Information System Governing Board to access such information in the manner prescribed by said board. Any contract, subcontract or amendment to a contract or subcontract entered into by the Criminal Justice Information System Governing Board and a third-party vendor or contractor concerning criminal justice-related record management systems shall include specifications established by said board that ensure that all policies, procedures, processes and control systems, including hardware, software and protocols that are provided by the third-party vendor or contractor are compatible with, and support, the state's criminal justice information technology system.
(h) Not later than January first, annually, the Criminal Justice Information System Governing Board shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and appropriations and the budgets of state agencies concerning the status of the design and implementation of such information technology system. In conjunction with the report, the board shall also make a presentation to said committees during the ensuing regular session concerning the status of the design and implementation of such information technology system and a specific itemization of the additional resources, if any, that are needed to achieve such design and implementation.
(Jan. Sp. Sess. P.A. 08-1, S. 40; P.A. 11-51, S. 76; P.A. 23-36, S. 1.)
History: Jan. Sp. Sess. P.A. 08-1 effective January 25, 2008; pursuant to P.A. 11-51, “Department of Information Technology” was changed editorially by the Revisors to “Department of Administrative Services” in Subsec. (f)(7), effective July 1, 2011; P.A. 23-36 amended Subsec. (c)(2) by deleting “(GPS)”, amended Subsec. (g) by replacing provision re use of request for proposals and consultant to design and implement the state's criminal justice information technology system with provisions requiring a third-party vendor or contractor requiring access to the system to obtain prior written approval for such access from Criminal Justice Information System Governing Board and by requiring said board to establish contract specifications to ensure that services provided by a third-party vendor or contractor are compatible with and support the system and amended Subsec. (h) by making technical changes.
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Sec. 54-142t. Automated process for erasure of criminal records. Liability re actions taken in reliance upon criminal history record information. Claims against the state. Request for review of criminal history records for erasure. (a) The Department of Emergency Services and Public Protection, in consultation with the Judicial Branch and the Criminal Justice Information System Governing Board established pursuant to section 54-142q, shall develop and implement automated processes for erasure pursuant to section 54-142a.
(b) The Commissioner of Emergency Services and Public Protection shall, not later than January 1, 2024, post information on an Internet web site operated by the department, regarding records that are subject to erasure under the provisions of this section, including a list of any section of the general statutes for which a violation of such section may be subject to erasure pursuant to subsection (e) of section 54-142a. The commissioner shall annually review, and if necessary, update such list.
(c) Nothing in this section shall be construed to require the destruction of paper records.
(d) Nothing in the provisions of sections 46a-80a to 46a-80m, inclusive, or sections 8-265c, 8-315, 10a-6, 31-51i, 38a-358, 38a-447, 46a-51, 46a-74, 46a-79, 46a-80 and 46a-81 of the general statutes, revision of 1958, revised to January 1, 2023, shall be construed to make the state, any state agency, any municipality or any person liable for any action taken on the basis of criminal history record information required to be erased or deemed erased by operation of law if:
(1) Such action is taken in good faith reliance on such criminal history record information;
(2) Such criminal history record information has not yet been marked as erased by the automated system required under this section, or, in the case of a municipality or other person, such erasure marking has not been communicated to such municipality or other person; and
(3) Such action is taken before January 1, 2024.
(e) No person, prior to January 1, 2024, shall have any claim against the state or any state agency for failure to erase a record pursuant to the provisions of this section and subsection (e) of section 54-142a of the general statutes, revision of 1958, revised to January 1, 2023.
(f) On and after January 1, 2024, nothing in the provisions of sections 46a-80a to 46a-80m, inclusive, or sections 8-265c, 8-315, 10a-6, 31-51i, 38a-358, 38a-447, 46a-51, 46a-74, 46a-79, 46a-80 and 46a-81 shall be construed to make the state, any state agency, any municipality or any person liable for any action taken on the basis of criminal history record information required to be erased or deemed erased by operation of law if within the immediate thirty-day period after such records should have been marked as erased:
(1) Such action is taken in good faith reliance on such criminal history record information; and
(2) Such criminal history record information has not yet been marked as erased by the automated system required under this section, or, in the case of a municipality or other person, such erasure marking has not been communicated to such municipality or other person.
(g) On and after January 1, 2024, if a person (1) believes any of such person's criminal history record information was required to be deemed erased by operation of law pursuant to the provisions of subsection (e) of section 54-142a, and (2) submits a copy of such person's criminal history record information search demonstrating that such criminal history record information has not been marked as erased to the Department of Emergency Services and Public Protection in a form and manner determined by the department, the department shall, following a contested hearing, make a determination on whether such criminal history information should be deemed erased by operation of law. Such determination shall constitute a final decision for the purposes of the provisions of chapter 54.
(P.A. 21-32, S. 5; P.A. 23-134, S. 6.)
History: P.A. 21-32 effective January 1, 2023; P.A. 23-134 amended Subsec. (b) by replacing “department may, within available appropriations, disseminate information, including posting” with “Commissioner of Emergency Services and Public Protection shall, not later than January 1, 2024, post”, adding provision re list of any section of the general statutes for which a violation of such section may be subject to erasure and review of such list and making conforming and technical changes, added Subsec. (d) re liability for actions taken prior to January 1, 2024, added Subsec. (e) re a claim against the state, added Subsec. (f) re liability on or after January 1, 2024, and added Subsec. (g) re request for review and erasure of criminal history record if such record should be deemed erased by operation of law, effective June 27, 2023.
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Sec. 54-142w. Police or court record of a state's attorney or prosecuting attorney not marked as erased under automated system. If the automated processes required to be developed under section 54-142t have not marked a police or court record or the record of any state's attorney or prosecuting attorney erased, or no petition has been filed seeking to have such record erased, as of July 1, 2023, the provisions of section 54-142a shall determine (1) whether such record is eligible or not eligible for erasure, and (2) the eligibility of defendants who must file a petition for the erasure of records, and not the provisions of section 54-142a of the general statutes, revision of 1958, revised to January 1, 2023.
(P.A. 23-134, S. 5.)
History: P.A. 23-134 effective June 27, 2023.
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