|
1. Is there a time limit after which criminal history information is not reported to non-law enforcement entities for employment purposes?
No, not unless the conviction has been erased. Conn. Gen. Stat. § 54-142g(c). Criminal justice agencies that collect criminal record history information have the right to reject employment based on criminal history screens. Conn. Gen. Stat. § 54-142i(a).
2. Other than the subject and criminal justice agencies, who can obtain records?
Any agency and the general public. Conn. Gen. Stat. § 54-142k(c).
3. What types of records can be disclosed to non-criminal justice agencies?
Arrest, indictment, and sentencing information pertaining to all convictions for lesser criminal offenses than misdemeanors, misdemeanors, and felonies. Conn. Gen. Stat. § 54-142k. Not included on the public rap sheet are youthful offender adjudications; continuances (failure to prosecute) which are more than 13 months old; and information that has been erased which may include arrests that have been dismissed or nolle prossed, acquittals, absolute pardons, crimes for which the behavior has later been decriminalized, and juvenile delinquency and juvenile conviction records. Conn. Gen. Stat. §§ 54-142a and 142g(e)
4. Are there penalties for violating limitations on dissemination?
No.
5. Are state criminal records available on the internet?
No, however, the form is available online at http://www.ct.gov/dps/lib/dps/reports_and_records/DPS-0846-C.pdf.
6. Can state criminal records of arrests not leading to conviction be sealed (including expunged, erased, or purged)?
Yes. Arrests that have resulted in dismissal, nolle prosse, or acquittal can be erased. Conn. Gen. Stat. § 54-142a.
7. If so, what is the effect of having an arrest sealed?
The individual may answer that s/he has never been arrested. Cislo v. City of Shelton, 692 A.2d 1255, 261 (Conn. 1997).
8. Can criminal conviction records be sealed (including expunged, erased, or purged)?
While youthful offender, juvenile delinquency and juvenile conviction records can be erased following applicable waiting periods, Conn. Gen. Stat. §§ 46b-146, 54-76o, and 54-142b, adult criminal records may be erased only through an absolute pardon when the behavior for which the individual was prosecuted has later been decriminalized. Conn. Gen. Stat. §§ 54-142a(g), d.
9. If so, what is the effect of having a conviction sealed?
If erased, the individual may deny the existence of the adjudication or conviction. Conn. Gen. Stat. § 31-51i. In addition, the state may not disclose the existence of a juvenile conviction that has been erased. Conn. Gen. Stat. § 54-142(c).
|