Substitute Senate Bill No. 1019
Public Act No. 21-32
AN ACT CONCERNING THE BOARD OF PARDONS AND PAROLES,
ERASURE OF CRIMINAL RECORDS FOR CERTAIN
MISDEMEANOR AND FELONY OFFENSES, PROHIBITING
DISCRIMINATION BASED ON ERASED CRIMINAL HISTORY
RECORD INFORMATION AND CONCERNING THE
RECOMMENDATIONS OF THE CONNECTICUT SENTENCING
COMMISSION WITH RESPECT TO MISDEMEANOR SENTENCES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (l) of section 54-124a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(l) The chairperson and executive director shall establish:
(1) In consultation with the Department of Correction, a parole
orientation program for all parole-eligible inmates upon their transfer
to the custody of the Commissioner of Correction that will provide
general information on the laws and policies regarding parole release,
calculation of time-served standards, general conditions of release,
supervision practices, revocation and rescission policies, and
procedures for administrative review and panel hearings, and any other
information that the board deems relevant for preparing inmates for
parole; Substitute Senate Bill No. 1019
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(2) An incremental sanctions system for parole violations including,
but not limited to, reincarceration based on the type, severity and
frequency of the violation and specific periods of incarceration for
certain types of violations; [and]
(3) A formal training program for members of the board and parole
officers, to be completed annually by each member, that shall include,
but not be limited to, an overview of the criminal justice system, the
parole system including factors to be considered in granting parole,
victim rights and services, reentry strategies, risk assessment, case
management and mental health issues; [. Each member shall complete
such training annually.] and
(4) A formal training program to be completed annually by each
member of the board on the pardons process, including information
concerning collateral consequences a person with a criminal record may
face due to having a criminal record, such as when applying for housing
or employment.
Sec. 2. Section 54-130a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
(a) Jurisdiction over the granting of, and the authority to grant,
commutations of punishment or releases, conditioned or absolute, in the
case of any person convicted of any offense against the state and
commutations from the penalty of death shall be vested in the Board of
Pardons and Paroles.
(b) The board shall have authority to grant pardons, conditioned,
provisional or absolute, or certificates of rehabilitation for any offense
against the state at any time after the imposition and before or after the
service of any sentence.
(c) The board may accept an application for a pardon three years after
an applicant's conviction of a misdemeanor or violation and five years Substitute Senate Bill No. 1019
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after an applicant's conviction of a felony, except that the board, upon a
finding of extraordinary circumstances, may accept an application for a
pardon prior to such dates.
(d) Whenever the board grants an absolute pardon to any person, the
board shall cause notification of such pardon to be made in writing to
the clerk of the court in which such person was convicted, or the Office
of the Chief Court Administrator if such person was convicted in the
Court of Common Pleas, the Circuit Court, a municipal court, or a trial
justice court.
(e) Whenever the board grants a provisional pardon or a certificate of
rehabilitation to any person, the board shall cause notification of such
provisional pardon or certificate of rehabilitation to be made in writing
to the clerk of the court in which such person was convicted. The
granting of a provisional pardon or a certificate of rehabilitation does
not entitle such person to erasure of the record of the conviction of the
offense or relieve such person from disclosing the existence of such
conviction as may be required.
(f) In the case of any person convicted of a violation for which a
sentence to a term of imprisonment may be imposed, the board shall
have authority to grant a pardon, conditioned, provisional or absolute,
or a certificate of rehabilitation in the same manner as in the case of any
person convicted of an offense against the state.
(g) The board shall not deny any application for a pardon, unless the
board provides a statement in writing to the applicant of the factors
considered when determining whether the applicant qualified for the
pardon and an explanation as to which factors were not satisfied.
Sec. 3. Section 54-142a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
(a) Whenever in any criminal case, on or after October 1, 1969, the Substitute Senate Bill No. 1019
Public Act No. 21-32 4 of 33
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] 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 Substitute Senate Bill No. 1019
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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 [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.
(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]
Superior Court at the location in which such conviction was effected, or
with the [superior court] 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, in the
Superior Court where venue would exist for criminal prosecution, for
an order of erasure, and the Superior Court [or records center of the Substitute Senate Bill No. 1019
Public Act No. 21-32 6 of 33
Judicial Department] shall direct all police and court records and
records of the state's or prosecuting attorney pertaining to such [case to]
offense be erased.
(2) Whenever such absolute pardon was received on or after October
1, 1974, such records shall be erased.
(e) (1) Except as provided in subdivision (2) of this subsection,
whenever any person has been convicted in any court of this state of a
classified or unclassified misdemeanor offense, or a class D or E felony
or an unclassified felony offense carrying a term of imprisonment of not
more than five years, 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: (A) For any classified or unclassified misdemeanor
offense, 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 (B) for any class D or E felony or an
unclassified felony offense carrying a term of imprisonment of not more
than five years, 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.
(2) Convictions for the following offenses shall not be eligible for
erasure pursuant to this subsection:
(A) Any conviction designated as a family violence crime, as defined Substitute Senate Bill No. 1019
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in section 46b-38a; or
(B) Any offense that is a nonviolent sexual offense or a sexually
violent offense, each as defined in section 54-250.
(3) 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.
(4) Nothing in this subsection shall limit any other procedure for
erasure of criminal history record information, as defined in section 54-
142g, as amended by this act, 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.
(5) 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.
(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 Substitute Senate Bill No. 1019
Public Act No. 21-32 8 of 33
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.
[(e)] (g) (1) 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 Substitute Senate Bill No. 1019
Public Act No. 21-32 9 of 33
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.
[(2) No fee shall be charged in any court with respect to any petition
under this section.]
[(3)] (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.
[(f)] (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 Substitute Senate Bill No. 1019
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the accused and the witnesses are omitted therefrom.
[(g)] (i) 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 of unless and until all counts are entitled to
erasure in accordance with the provisions of this section, except that
when the criminal case is disposed of, electronic records or portions of
electronic records released to the public that reference a charge that
would otherwise be entitled to erasure under this section shall be erased
in accordance with the provisions of this section. Nothing in this section
shall require the erasure of any information contained in the registry of
protective orders established pursuant to section 51-5c. For the purposes
of this subsection, "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 computer printout.
(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. Substitute Senate Bill No. 1019
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(k) No fee shall be charged in any court with respect to any petition
under this section.
[(h)] (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.
Sec. 4. Section 54-142d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
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, in the Superior Court where venue would
currently exist for criminal prosecution, for an order of erasure, and the
Superior Court [or records center of the Judicial Department] shall
immediately direct all police and court records and records of the state's
or prosecuting attorney pertaining to such [case] offense to be physically
destroyed.
Sec. 5. (NEW) (Effective January 1, 2023) (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 of the general statutes,
shall develop and implement automated processes for erasure pursuant
to section 54-142a of the general statutes, as amended by this act.
(b) The department may, within availabl e appropriations,
disseminate information, including posting information on its Internet
web site, regarding records that are subject to erasure under the Substitute Senate Bill No. 1019
Public Act No. 21-32 12 of 33
provisions of this section.
(c) Nothing in this section shall be construed to require the
destruction of paper records.
Sec. 6. Section 54-142e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
(a) Notwithstanding the provisions of subsection [(e)] (g) of section
54-142a, as amended by this act, 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, as amended by this act, or a
background screening provider or similar data-based service or
company, that purchases 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, as amended
by this act, the department shall make available to such person
information concerning such criminal matters of public record that have
been erased pursuant to section 54-142a, as amended by this act. 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, as amended by this act.
(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 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 Substitute Senate Bill No. 1019
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days after receipt of information on the erasure of criminal records
pursuant to section 54-142a, as amended by this act. Such person shall
not further disclose such erased records.
Sec. 7. Subsection (c) of section 29-11 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(c) (1) The Commissioner of Emergency Services and Public
Protection shall charge the following fees for the service indicated: [(1)]
(A) Name search, thirty-six dollars; [(2)] (B) fingerprint search, seventy-
five dollars; [(3)] (C) personal record search, seventy-five dollars; [(4)]
(D) letters of good conduct search, seventy-five dollars; [(5)] (E) bar
association search, seventy-five dollars; [(6)] (F) fingerprinting, fifteen
dollars; [(7)] and (G) criminal history record information search,
seventy-five dollars. Except as provided in subsection (b) of this section,
the provisions of this subsection shall not apply to any federal, state or
municipal agency.
(2) The commissioner may waive fees imposed under subparagraph
(G) of subdivision (1) of this subsection for any applicant requesting a
criminal history record information search for the purpose of applying
for a pardon authorized pursuant to section 54-124a, as amended by this
act, provided such applicant completes a form prescribed by the
Department of Emergency Services and Public Protection representing
such person's indigency.
Sec. 8. Subsection (d) of section 54-142k of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2023):
(d) Nonconviction information shall be available to the subject of the
information and to the subject's attorney pursuant to this subsection and
subsection (e) of this section. Any person shall, upon satisfactory proof Substitute Senate Bill No. 1019
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of the person's identity, be entitled to inspect, for purposes of
verification and correction, any nonconviction information relating to
the person and upon the person's request shall be given a computer
printout or photocopy of such information for which a reasonable fee
may be charged, provided no erased record may be released except as
provided in subsection [(f)] (h) of section 54-142a, as amended by this
act. Before releasing any exact reproductions of nonconviction
information to the subject of the information, the agency holding such
information may remove all personal identifying information from such
reproductions.
Sec. 9. (NEW) (Effective January 1, 2023) For purposes of this section,
sections 11, 12, 16 to 24, inclusive, and 26 of this act, sections 8-265c and
8-315 of the general statutes, as amended by this act, subsection (b) of
section 10a-6 of the general statutes, as amended by this act, and sections
31-51i, 38a-358, 38a-447, 46a-74, 46a-79, 46a-80 and 46a-81 of the general
statutes, as amended by this act:
(1) "Commission" means the Commission on Human Rights and
Opportunities created by section 46a-52 of the general statutes;
(2) "Criminal history record information" means court records and
information obtained from the Judicial Department or any criminal
justice agency relating to 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, outstanding judgments and any other conviction
information, as defined in section 54-142g of the general statutes, as
amended by this act;
(3) "Employer" includes the state and all political subdivisions of the
state and means any person or employer with one or more persons in
such person's or employer's employ; Substitute Senate Bill No. 1019
Public Act No. 21-32 15 of 33
(4) "Erased criminal history record information" means (A) criminal
history record information that has been erased pursuant to section 54-
142a of the general statutes, as amended by this act, or section 54-76o of
the general statutes, or any other provision of the general statutes or
other operation of law; (B) information relating to persons granted
youthful offender status pursuant to section 46b-146 of the general
statutes; and (C) continuances of a criminal case that are more than
thirteen months old; and
(5) "Place of public accommodation, resort or amusement" means any
establishment that caters or offers its services or facilities or goods to the
general public, including, but not limited to, any commercial property
or building lot on which it is intended that a commercial building will
be constructed or offered for sale or rent.
Sec. 10. Subdivisions (7) and (8) of section 46a-51 of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective January 1, 2023):
(7) "Discriminatory employment practice" means any discriminatory
practice specified in subsection (b), (d), (e) or (f) of section 31-51i, as
amended by this act, or section 46a-60 or 46a-81c;
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-
60a, 4a-60g, 31-40y, subsection (b) of section 31-51i, as amended by this
act, subsection (d), (e) or (f) of section 31-51i, as amended by this act,
subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16)
and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c,
46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78,
inclusive, subsection (a) of section 46a-80, as amended by this act, or
sections 46a-81b to 46a-81o, inclusive, and sections 11, 12, 16, 17, 23, 24
and section 26 of this act;
Sec. 11. (NEW) (Effective October 1, 2021) On and after January 1, 2023, Substitute Senate Bill No. 1019
Public Act No. 21-32 16 of 33
it shall be a discriminatory practice for any person to subject, or cause to
be subjected, any other person to the deprivation of any rights,
privileges or immunities, secured or protected by the Constitution or
laws of this state or of the United States, on account of a person's erased
criminal history record information.
Sec. 12. (NEW) (Effective October 1, 2021) (a) On and after January 1,
2023, it shall be a discriminatory practice:
(1) To refuse to sell or rent after the making of a bona fide offer, or to
refuse to negotiate for the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any person on the basis of the erased
criminal history record information of (A) such buyer or renter, (B) a
person residing in or intending to reside in such dwelling after it is so
sold, rented or made available, or (C) any person associated with such
buyer or renter;
(2) To discriminate against any person in the terms, conditions or
privileges of the sale or rental of a dwelling, or in the provision of
services or facilities in connection therewith, on the basis of the erased
criminal history record information of (A) such buyer or renter, (B) a
person residing in or intending to reside in such dwelling after it is so
sold, rented or made available, or (C) any person associated with such
buyer or renter;
(3) To make, print or publish, or cause to be made, printed or
published any notice, statement or advertisement, with respect to the
sale or rental of a dwelling that indicates any preference, limitation or
discrimination, or to intend to make any such preference, limitation or
discrimination, based on the erased criminal history record information
of (A) a potential buyer or renter, (B) a person intending to reside in such
dwelling after it is sold, rented or made available, or (C) any person
associated with such potential buyer or renter; Substitute Senate Bill No. 1019
Public Act No. 21-32 17 of 33
(4) To represent to any person that any dwelling is not available for
inspection, sale or rental when such dwelling is in fact so available, on
the basis of the erased criminal history record information of (A) a
potential buyer or renter, (B) a person intending to reside in such
dwelling after it is so sold, rented or made available, or (C) any person
associated with such potential buyer or renter;
(5) For profit, to induce or attempt to induce any person to sell or rent
any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons with erased criminal
history record information;
(6) For any person or other entity engaging in residential real estate-
related transactions to discriminate against any person in making
available such a transaction, or in the terms or conditions of such a
transaction, on the basis of the erased criminal history record
information of (A) the other party in the transaction, (B) a person
residing in or intending to reside in a dwelling with such other party, or
(C) any person associated with such other party;
(7) To deny any person access to or membership or participation in
any multiple-listing service, real estate brokers' organization or other
service, organization or facility relating to the business of selling or
renting dwellings, or to discriminate against that person in the terms or
conditions of such access, membership or participation, on account of
that person's erased criminal history record information; or
(8) To coerce, intimidate, threaten or interfere with any person in the
exercise or enjoyment of, or on account of that person having exercised
or enjoyed, or on account of that person having aided or encouraged
any other person in the exercise or enjoyment of, any right granted or
protected by this section.
(b) The provisions of this section shall not apply to (1) the rental of a Substitute Senate Bill No. 1019
Public Act No. 21-32 18 of 33
room or rooms in a unit in a dwelling if the owner actually maintains
and occupies part of such unit as the owner's residence, or (2) a unit in
a dwelling containing not more than four units if the owner actually
maintains and occupies one of such other units as the owner's residence.
(c) Nothing in this section limits the applicability of any reasonable
state statute or municipal ordinance restricting the maximum number
of persons permitted to occupy a dwelling.
(d) Nothing in this section prohibits a person engaged in the business
of furnishing appraisals of real property to take into consideration
factors other than a person's erased criminal history record.
Sec. 13. Section 8-265c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
The authority shall require that occupancy of all housing financed or
otherwise assisted under this chapter be open to all persons regardless
of race, creed, color, national origin or ancestry, sex or gender identity
or expression or erased criminal history record information, as defined
in section 9 of this act, and that the contractors and subcontractors
engaged in the construction or rehabilitation of such housing shall take
affirmative action to provide equal opportunity for employment
without discrimination as to race, creed, color, national origin or
ancestry, sex, [or] gender identity or expression or erased criminal
history record information.
Sec. 14. Section 8-315 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
The municipality shall take all necessary steps to insure that
occupancy of all housing financed or otherwise assisted pursuant to this
chapter be open to all persons regardless of race, creed, color, national
origin or ancestry, sex, gender identity or expression, age, [or] physical
disability or erased criminal history record information, as defined in Substitute Senate Bill No. 1019
Public Act No. 21-32 19 of 33
section 9 of this act.
Sec. 15. Section 31-51i of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
(a) For the purposes of this section, "employer" means [any person
engaged in business who has one or more employees, including the state
or any political subdivision of the state] employer, as defined in section
9 of this act.
(b) No employer shall inquire about a prospective employee's prior
arrests, criminal charges or convictions on an initial employment
application, unless (1) the employer is required to do so by an applicable
state or federal law, or (2) a security or fidelity bond or an equivalent
bond is required for the position for which the prospective employee is
seeking employment.
(c) No employer or employer's agent, representative or designee may
require an employee or prospective employee to disclose the existence
of [any arrest, criminal charge or conviction, the records of which have
been erased pursuant to section 46b-146, 54-76o or 54-142a] erased
criminal history record information, as defined in section 9 of this act.
(d) An employment application form that contains any question
concerning the criminal history of the applicant shall contain a notice, in
clear and conspicuous language: (1) That the applicant is not required
to disclose the existence of any [arrest, criminal charge or conviction, the
records of which have been erased pursuant to section 46b-146, 54-76o
or 54-142a] erased criminal history record information, (2) that [criminal
records subject to erasure pursuant to section 46b-146, 54-76o or 54-142a]
erased criminal history record information are records pertaining to a
finding of delinquency or that a child was a member of a family with
service needs, an adjudication as a youthful offender, a criminal charge
that has been dismissed or nolled, a criminal charge for which the Substitute Senate Bill No. 1019
Public Act No. 21-32 20 of 33
person has been found not guilty or a conviction for which the person
received an absolute pardon or criminal records that are erased
pursuant to statute or by other operation of law, and (3) that any person
[whose criminal records have been erased pursuant to section 46b-146,
54-76o or 54-142a] with erased criminal history record information 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.
(e) No employer or employer's agent, representative or designee shall
deny employment to a prospective employee solely on the basis that the
prospective employee [had a prior arrest, criminal charge or conviction,
the records of which have been erased pursuant to section 46b-146, 54-
76o or 54-142a] has erased criminal history record information or that
the prospective employee had a prior conviction for which the
prospective employee has received a provisional pardon or certificate of
rehabilitation pursuant to section 54-130a, as amended by this act, or a
certificate of rehabilitation pursuant to section 54-108f.
(f) No employer or employer's agent, representative or designee shall
discharge, or cause to be discharged, or in any manner discriminate
against, any employee solely on the basis that the employee [had, prior
to being employed by such employer, an arrest, criminal charge or
conviction, the records of which have been erased pursuant to section
46b-146, 54-76o or 54-142a] has erased criminal history record
information or that the employee had, prior to being employed by such
employer, a prior conviction for which the employee has received a
provisional pardon or certificate of rehabilitation pursuant to section 54-
130a, as amended by this act, or a certificate of rehabilitation pursuant
to section 54-108f.
(g) The portion of an employment application form that contains
information concerning the criminal history record of an applicant or
employee shall only be available to the members of the personnel Substitute Senate Bill No. 1019
Public Act No. 21-32 21 of 33
department of the company, firm or corporation or, if the company, firm
or corporation does not have a personnel department, the person in
charge of employment, and to any employee or member of the
company, firm or corporation, or an agent of such employee or member,
involved in the interviewing of the applicant.
(h) Notwithstanding the provisions of subsection (g) of this section,
the portion of an employment application form that contains
information concerning the criminal history record of an applicant or
employee may be made available as necessary to persons other than
those specified in said subsection (g) by:
(1) A broker-dealer or investment adviser registered under chapter
672a in connection with (A) the possible or actual filing of, or the
collection or retention of information contained in, a form U-4 Uniform
Application for Securities Industry Registration or Transfer, (B) the
compliance responsibilities of such broker-dealer or investment adviser
under state or federal law, or (C) the applicable rules of self-regulatory
organizations promulgated in accordance with federal law;
(2) An insured depository institution in connection with (A) the
management of risks related to safety and soundness, security or
privacy of such institution, (B) any waiver that may possibly or actually
be sought by such institution pursuant to section 19 of the Federal
Deposit Insurance Act, 12 USC 1829(a), (C) the possible or actual
obtaining by such institution of any security or fidelity bond, or (D) the
compliance responsibilities of such institution under state or federal
law; and
(3) An insurance producer licensed under chapter 701a in connection
with (A) the management of risks related to security or privacy of such
insurance producer, or (B) the compliance responsibilities of such
insurance producer under state or federal law. Substitute Senate Bill No. 1019
Public Act No. 21-32 22 of 33
(i) (1) For the purposes of this subsection: (A) "Consumer reporting
agency" means any person who regularly engages, in whole or in part,
in the practice of assembling or preparing consumer reports for a fee,
which reports compile and report items of information on consumers
that are matters of public record and are likely to have an adverse effect
on a consumer's ability to obtain employment, but does not include any
public agency; (B) "consumer report" means any written, oral or other
communication of information bearing on an individual's credit
worthiness, credit standing, credit capacity, character, general
reputation, personal characteristics or mode of living; and (C) "criminal
matters of public record" means information obtained from the Judicial
Department or any criminal justice agency, as defined in section 54-
142g, as amended by this act, relating to arrests, indictments,
convictions, outstanding judgments [,] and any other conviction
information, as defined in section 54-142g, as amended by this act.
(2) Each consumer reporting agency that issues a consumer report
that is used or is expected to be used for employment purposes and that
includes in such report criminal matters of public record concerning the
consumer shall:
(A) At the time the consumer reporting agency issues such consumer
report to a person other than the consumer who is the subject of the
report, provide the consumer who is the subject of the consumer report
(i) notice that the consumer reporting agency is reporting criminal
matters of public record, and (ii) the name and address of the person to
whom such consumer report is being issued;
(B) Maintain procedures designed to ensure that any criminal matter
of public record reported is complete and up-to-date as of the date the
consumer report is issued, which procedures shall, at a minimum,
conform to the requirements set forth in section 54-142e, as amended by
this act. Substitute Senate Bill No. 1019
Public Act No. 21-32 23 of 33
(3) This subsection shall not apply in the case of an agency or
department of the United States government seeking to obtain and use
a consumer report for employment purposes if the head of the agency
or department makes a written finding pursuant to 15 USC
1681b(b)(4)(A).
(j) An employee or prospective employee may file a complaint with
the Labor Commissioner alleging an employer's violation of subsection
(a), (c), (g), (h) or (i) of this section. For any alleged violation by an
employer of subsection (b), (d), (e) or (f) of this section, an employee or
prospective employee may file a complaint with the Commission on
Human Rights and Opportunities pursuant to section 46a-82 or may
bring an action in the Superior Court against the employer for violating
this section for declaratory or injunctive relief, damages or any other
remedy available under law, at the sole election of the employee or
prospective employee.
Sec. 16. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
it shall be a discriminatory practice for: (1) An employer or employer's
agent, representative or designee to discriminate against that person in
compensation or in terms, conditions or privileges of employment on
the basis of that person's erased criminal history record information, (2)
any employment agency to fail or refuse to classify properly or refer for
employment or otherwise to discriminate against any person on the
basis of that person's erased criminal history record information, (3) a
labor organization, on the basis of the erased criminal history record
information of any person, to exclude from full membership rights or to
expel from its membership that person or to discriminate in any way
against any of its members or against any employer or any individual
employed by an employer, or (4) any person, employer, employment
agency or labor organization, to advertise employment opportunities in
such a manner as to restrict such employment so as to discriminate
against persons on the basis of their erased criminal history record Substitute Senate Bill No. 1019
Public Act No. 21-32 24 of 33
information.
Sec. 17. (NEW) (Effective October 1, 2021) (a) On and after January 1,
2023, it shall be a discriminatory practice for any association, board or
other organization the principal purpose of which is the furtherance of
the professional or occupational interests of its members, whose
profession, trade or occupation requires a state license, to refuse to
accept a person as a member of such association, board or organization
solely on the basis of that person's erased criminal history record
information.
(b) Any association, board or other organization that violates the
provisions of this section shall be fined not less than one hundred
dollars or more than five hundred dollars.
Sec. 18. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
state officials and supervisory personnel shall recruit, appoint, assign,
train, evaluate and promote state personnel on the basis of merit and
qualifications, without regard for erased criminal history record
information.
Sec. 19. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
no state department, board or agency may grant, deny or revoke the
license or charter of any person on the basis of that person's erased
criminal history record information, except that the Department of
Motor Vehicles may consider erased criminal history record
information to the extent required by 49 CFR 384, as amended from time
to time.
Sec. 20. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
all educational, counseling and vocational guidance programs and all
apprenticeship and on-the-job training programs of state agencies, or in
which state agencies participate, shall be open to all qualified persons,
without regard to a person's erased criminal history record information. Substitute Senate Bill No. 1019
Public Act No. 21-32 25 of 33
Sec. 21. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
erased criminal history record information shall not be considered as a
limiting factor in state-administered programs involving the
distribution of funds to qualify applicants for benefits authorized by
law.
Sec. 22. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
services of every state agency shall be performed without
discrimination on the basis of erased criminal history record
information.
Sec. 23. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
it shall be a discriminatory practice to:
(1) Deny any person within the jurisdiction of this state full and equal
accommodations in any place of public accommodation, resort or
amusement on the basis of that person's erased criminal history record
information, subject only to the conditions and limitations established
by law and applicable alike to all persons; or
(2) Discriminate, segregate or separate on account of erased criminal
history record information.
Sec. 24. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
it shall be a discriminatory practice for the state system of higher
education to deny a person the opportunity for higher education on the
basis of erased criminal history record information.
Sec. 25. Subsection (b) of section 10a-6 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2023):
(b) Within the limits of authorized expenditures, the policies of the
state system of higher education shall be consistent with (1) the
following goals: (A) To ensure that no qualified person be denied the Substitute Senate Bill No. 1019
Public Act No. 21-32 26 of 33
opportunity for higher education on the basis of age, sex, gender
identity or expression, ethnic background or social, physical or
economic condition, or erased criminal history record information, as
defined in section 9 of this act, (B) to protect academic freedom, (C) to
provide opportunities for education and training related to the
economic, cultural and educational development of the state, (D) to
assure the fullest possible use of available resources in public and
private institutions of higher education, (E) to maintain standards of
quality ensuring a position of national leadership for state institutions
of higher education, (F) to apply the resources of higher education to the
problems of society, and (G) to foster flexibility in the policies and
institutions of higher education to enable the system to respond to
changes in the economy, society, technology and student interests; and
(2) the goals for higher education in the state identified in section 10a-
11c. Said board shall review recent studies of the need for higher
education services, with special attention to those completed pursuant
to legislative action, and to meet such needs shall initiate additional
programs or services through one or more of the constituent units.
Sec. 26. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
it shall be a discriminatory practice for any creditor to discriminate on
the basis of erased criminal record history information, against any
person eighteen years of age or over in any credit transaction.
Sec. 27. Section 38a-358 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
The declination, cancellation or nonrenewal of a policy for private
passenger nonfleet automobile insurance is prohibited if the declination,
cancellation or nonrenewal is based: (1) On the race, religion, nationality
or ethnicity of the applicant or named insured; (2) solely on the lawful
occupation or profession of the applicant or named insured, except that
this provision shall not apply to any insurer which limits its market to
one lawful occupation or profession or to several related lawful Substitute Senate Bill No. 1019
Public Act No. 21-32 27 of 33
occupations or professions; (3) on the principal location of the insured
motor vehicle unless such decision is for a business purpose which is
not a mere pretext for unfair discrimination; (4) solely on the age, sex,
gender identity or expression, [or] marital status or erased criminal
history record information, as defined in section 9 of this act, of an
applicant or an insured, except that this subdivision shall not apply to
an insurer in an insurer group if one or more other insurers in the group
would not decline an application for essentially similar coverage based
upon such reasons; (5) on the fact that the applicant or named insured
previously obtained insurance coverage through a residual market; (6)
on the fact that another insurer previously declined to insure the
applicant or terminated an existing policy in which the applicant was
the named insured; (7) the first or second accident within the current
experience period in relation to which the applicant or insured was not
convicted of a moving traffic violation and was not at fault; or (8) solely
on information contained in an insured's or applicant's credit history or
credit rating or solely on an applicant's lack of credit history. For the
purposes of subdivision (8) of this section, an insurer shall not be
deemed to have declined, cancelled or nonrenewed a policy if coverage
is available through an affiliated insurer.
Sec. 28. Section 38a-447 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
No life insurance company doing business in this state may: (1) Make
any distinction or discrimination between persons on the basis of race
or erased criminal history record information, as defined in section 9 of
this act, as to the premiums or rates charged for policies upon the lives
of such persons; (2) demand or require greater premiums from persons
of one race than such as are at that time required by that company from
persons of another race of the same age, sex, general condition of health
and hope of longevity; (3) demand or require greater premiums from
persons with erased criminal history record information than such as Substitute Senate Bill No. 1019
Public Act No. 21-32 28 of 33
are at that time required by that company from persons without erased
criminal history record information of the same age, sex, general
conditions of health and hope of longevity; or [(3)] (4) make or require
any rebate, diminution or discount on the basis of race or erased
criminal history record information upon the sum to be paid on any
policy in case of the death of any person insured, nor insert in the policy
any condition, nor make any stipulation whereby such person insured
shall bind himself, his heirs, executors, administrators or assigns to
accept any sum less than the full value or amount of such policy, in case
of a claim accruing thereon by reason of the death of such person
insured, other than such as are imposed upon all persons in similar
cases; and each such stipulation or condition so made or inserted shall
be void.
Sec. 29. Section 46a-74 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
No state department, board or agency may permit any
discriminatory practice in violation of section 46a-59, 46a-64, [or] 46a-
64c or section 11, 12, 16, 17, 23, 24 or 26 of this act.
Sec. 30. Section 46a-79 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
The General Assembly finds that the public is best protected when
criminal offenders are rehabilitated and returned to society prepared to
take their places as productive citizens and that the ability of returned
offenders to find meaningful employment is directly related to their
normal functioning in the community. It is therefore the policy of this
state to encourage all employers to give favorable consideration to
providing jobs to qualified individuals, including those who may have
[criminal conviction records] conviction information, as defined in
section 54-142g, as amended by this act. Nothing in this section shall be
construed to permit any employer to refuse to hire or employ or to bar Substitute Senate Bill No. 1019
Public Act No. 21-32 29 of 33
or to discharge from employment or to discriminate against an
individual in compensation or in terms on the basis of that person's
erased criminal history record information, as defined in section 9 of this
act.
Sec. 31. Section 46a-80 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
(a) Except as provided in subsection (c) of this section, subsection (b)
of section 46a-81, as amended by this act, and section 36a-489, and
notwithstanding any other provisions of law to the contrary, a person
shall not be disqualified from employment by the state or any of its
agencies, nor shall a person be disqualified to practice, pursue or engage
in any occupation, trade, vocation, profession or business for which a
license, permit, certificate or registration is required to be issued by the
state or any of its agencies solely [because of a prior conviction of a
crime] on the basis of that person's conviction information, as defined in
section 54-142g, as amended by this act.
(b) Except for a position for which any provision of the general
statutes specifically disqualifies a person from employment by the state
or any of its agencies [because of a prior conviction of a crime] on the
basis of that person's conviction information, no employer, as defined in
section [5-270] 9 of this act, shall inquire about a prospective employee's
[past convictions] conviction information until such prospective
employee has been deemed otherwise qualified for the position in
accordance with the provisions of section 31-51i, as amended by this act.
(c) A person may be denied employment by the state or any of its
agencies, or a person may be denied a license, permit, certificate or
registration to pursue, practice or engage in an occupation, trade,
vocation, profession or business [by reason of the prior conviction of a
crime] on the basis of that person's conviction information if, after
considering (1) the nature of the crime and its relationship to the job for Substitute Senate Bill No. 1019
Public Act No. 21-32 30 of 33
which the person has applied; (2) information pertaining to the degree
of rehabilitation of the convicted person; and (3) the time elapsed since
the conviction or release, the state or any of its agencies determines that
the applicant is not suitable for the position of employment sought or
the specific occupation, trade, vocation, profession or business for which
the license, permit, certificate or registration is sought. In making a
determination under this subsection, the state or any of its agencies shall
give consideration to a provisional pardon issued pursuant to section
54-130e, or a certificate of rehabilitation issued pursuant to section 54-
108f or 54-130e, and such provisional pardon or certificate of
rehabilitation shall establish a presumption that such applicant has been
rehabilitated. If an application is denied based on [a] conviction
information for which the applicant has received a provisional pardon
or certificate of rehabilitation, the state or any of its agencies, as the case
may be, shall provide a written statement to the applicant of its reasons
for such denial.
(d) If [a conviction of a crime] conviction information is used as a
basis for rejection of an applicant, such rejection shall be in writing and
specifically state the evidence presented and reasons for rejection. A
copy of such rejection shall be sent by registered mail to the applicant.
(e) In no case may [records of arrest, which are not followed by a
conviction, or records of convictions, which have been erased] erased
criminal history record information, as defined in section 9 of this act,
nonconviction information, as defined in section 54-142g, as amended
by this act, or criminal history record information, as defined in section
54-142g, as amended by this act, apart from conviction information, be
used, distributed or disseminated by the state or any of its agencies in
connection with an application for employment or for a permit, license,
certificate or registration.
(f) Nothing in this section shall permit any employer to discriminate
on the basis of erased criminal history record information in violation of Substitute Senate Bill No. 1019
Public Act No. 21-32 31 of 33
section 31-51i, as amended by this act, or section 17 of this act.
Sec. 32. Subsection (a) of section 46a-81 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2023):
(a) Except as provided in section 36a-489, the provisions of sections
46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any
other provisions of law which purport to govern the denial of licenses,
permits, certificates, registrations, or other means to engage in an
occupation, trade, vocation, business or profession, on the grounds of a
lack of good moral character, or which purport to govern the suspension
or revocation of a license, permit, certificate or registration on the
grounds of conviction [of a crime] information, as defined in section 54-
142g, as amended by this act.
Sec. 33. Subsection (b) of section 54-142g of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2023):
(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 Criminal
Justice, the Department of Emergency Services and Public Protection,
including 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 Substitute Senate Bill No. 1019
Public Act No. 21-32 32 of 33
fact, engages in activities constituting the administration of criminal
justice as its principal function.
Sec. 34. Section 52-180b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
There shall be a rebuttable presumption against admission of
evidence of the prior criminal conviction of an applicant or employee in
an action alleging that an employer has been negligent in hiring an
applicant or retaining an employee, or in supervising the employer's
agent, representative or designee with respect to hiring an applicant or
retaining an employee, if the applicant or employee held a valid
provisional pardon or certificate of rehabilitation at the time such
alleged negligence occurred and a party establishes, by a preponderance
of the evidence, that the employer knew that the applicant or employee
held a valid provisional pardon or certificate of rehabilitation at the time
such alleged negligence occurred. For the purposes of this section,
"employer" has the same meaning as provided in section [31-51i] 9 of
this act.
Sec. 35. (NEW) (Effective October 1, 2021) (a) Notwithstanding any
provision of the general statutes, any offense which constitutes a breach
of any law of this state for which a person may be sentenced to a term
of imprisonment of up to but not exceeding one year shall be punishable
by imprisonment for a period not to exceed three hundred sixty-four
days. A misdemeanor conviction for which a person was sentenced to a
term of imprisonment of one year shall continue to be deemed a
misdemeanor conviction after the maximum term of imprisonment is
reduced pursuant to this section.
(b) The provisions of this section apply to any term of imprisonment
for which a person was sentenced to before, on or after October 1, 2021.
(c) Any person sentenced to a term of imprisonment of one year, prior Substitute Senate Bill No. 1019
Public Act No. 21-32 33 of 33
to October 1, 2021, for any offense previously punishable by a term of
imprisonment of up to but not exceeding one year, may apply to the
court that entered the judgment of conviction to have the term of
sentence modified to the maximum term of imprisonment for a period
not to exceed three hundred sixty-four days. Any such application may
be filed at any time and the court shall issue such modification
regardless of the date of conviction, provided the record of such
sentence has not been destroyed.