Researcher: JO Page 1 4/26/21
OLR Bill Analysis
sSB 1019
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.
TABLE OF CONTENTS:
SUMMARY
§ 1 — BOARD OF PARDONS AND PAROLES TRAINING
Expands required annual training for Board of Pardons and Paroles members to include
the pardons process and collateral consequences of having a criminal record
§ 2 — WRITTEN EXPLANATION FOR PARDON DENIALS
Prohibits the Board of Pardons and Paroles from denying a pardon without providing a
written statement explaining the reasons for the denial
§§ 3, 4 & 8 — ERASURE OF CERTAIN CONVICTION RECORDS
Establishes a process to erase conviction records for misdemeanors and certain felonies
after a specified period following the person’s most recent conviction, except for family
violence crimes or certain crimes requiring sex offender registration; establishes a
separate process for erasing misdemeanor convictions committed by minors before July l,
2012; makes minor changes to existing record erasure laws
§ 5 — AUTOMATED PROCESSES FOR RECORD ERASURE
Requires DESPP, in consultation with the judicial branch and the CJIS governing board,
to implement automated processes for criminal record erasure; allows DESPP to post
information online or otherwise distribute information about which records are subject to
erasure
§ 6 — RECORD PURCHASERS AN D DISCLOSURE
Extends certain requirements for purchasers of public criminal records to cover records
purchased from all criminal justice agencies, not just the judicial branch; sets a 30-day
deadline for these purchasers to update their records after receiving information on
certain records’ erasure
§ 7 — CRIMINAL HISTORY SEARCH FEE WAIVER
Allows DESPP to waive the criminal history search fee for indigent pardon applicants
§§ 9-32 & 34 — DISCRIMINATION BASED ON ERASED CRIMINAL
INFORMATION 2021SB-01019-R000613-BA.DOCX
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Prohibits discrimination in various contexts based on someone’s erased criminal history
record information; classifies certain types of discrimination on this basis as
discriminatory practices under CHRO’s jurisdiction; makes related changes
§ 33 — CRIMINAL JUSTICE AGENCIES
Adds DESPP and the Division of Criminal Justice to the list of “criminal justice
agencies” for the purpose of determining access to criminal records
§ 35 — MISDEMEANOR SENTENCE S
Reduces the maximum sentence for misdemeanors by one day, from one year to 364 days,
and makes related changes
BACKGROUND
SUMMARY
This bill establishes a process to erase records of certain criminal
convictions after a specified period following the person’s most recent
conviction. These provisions do not apply to (1) class A or B felonies
(or certain unclassified felonies), (2) family violence crimes, or (3)
certain crimes requiring sex offender registration.
Generally, (1) eligible misdemeanors are subject to erasure seven
years after the person’s most recent conviction and (2) eligible felonies
are subject to erasure 10 or 15 years after the most recent conviction.
For eligible convictions, erasure is automatic for offenses occurring on
or after January 1, 2000; for earlier offenses, erasure occurs when the
person files a petition for erasure. The bill establishes a separate
process for erasing certain misdemeanor convictions committed by
minors before July l, 2012.
The bill makes other related changes, such as setting a deadline for
purchasers of public criminal records to purge erased records from
their files after receiving information about that erasure.
The bill prohibits discrimination in various contexts based on
someone’s erased criminal history record information, including in
housing, employment, public accommodations, credit, and state
agency services. It classifies certain types of discrimination on this
basis as discriminatory practices under the jurisdiction of the
Commission on Human Rights and Opportunities (CHRO). 2021SB-01019-R000613-BA.DOCX
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The bill requires members of the Board of Pardons and Paroles to (1)
receive annual training on the pardons process and (2) provide a
written explanation when denying a pardon. It allows the Department
of Emergency Services and Public Protection (DESPP) to waive certain
record search fees for indigent pardon applicants.
Finally, the bill reduces the maximum sentence for misdemeanors
by one day, from one year to 364 days, and makes related changes.
The bill also makes various minor, technical, and conforming
changes.
EFFECTIVE DATE: Various; see below.
§ 1 — BOARD OF PARDONS AND PAROLES TRAINING
Expands required annual training for Board of Pardons and Paroles members to include
the pardons process and collateral consequences of having a criminal record
The bill requires members of the Board of Pardons and Paroles to
take annual training on the pardons process, including information on
the collateral consequences of having a criminal record (such as when
applying for housing or employment).
Under existing law, board members must take annual training in
the criminal justice and parole systems, including factors in granting
parole, victims’ rights and services, reentry strategies, risk assessment,
case management, and mental health issues.
EFFECTIVE DATE: July 1, 2021
§ 2 — WRITTEN EXPLANATION FOR PARDON DENIALS
Prohibits the Board of Pardons and Paroles from denying a pardon without providing a
written statement explaining the reasons for the denial
The bill prohibits the Board of Pardons and Paroles from denying a
pardon application unless the board provides the applicant a written
statement (1) listing the factors considered to determine whether an
applicant qualifies for a pardon and (2) explaining which factors the
applicant did not satisfy.
Under existing law, the board’s regulations must require board 2021SB-01019-R000613-BA.DOCX
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members in pardons hearings to issue written statements of the
reasons for rejecting a pardon application (CGS § 54-124a(j); see Conn.
Agencies Regs. § 54-124a(j)(3)-1).
EFFECTIVE DATE: January 1, 2023
§§ 3, 4 & 8 — ERASURE OF CERTAIN C ONVICTION RECORDS
Establishes a process to erase conviction records for misdemeanors and certain felonies
after a specified period following the person’s most recent conviction, except for family
violence crimes or certain crimes requiring sex offender registration; establishes a separate
process for erasing misdemeanor convictions committed by minors before July l, 2012;
makes minor changes to existing record erasure laws
The bill establishes a process to erase records of most misdemeanor
convictions and certain felony convictions after a specified period
following the person’s most recent conviction. The erasure applies to
(1) related police, court, and prosecutor records (including any
prosecuting grand jury) and (2) records held by the Board of Pardons
and Paroles regarding court obligations arising from the conviction.
These erasure provisions generally apply to (1) classified or
unclassified misdemeanors; (2) class C, D, or E felonies; or (3)
unclassified felonies with up to 10-year prison terms. The bill excludes
(1) family violence crimes or (2) nonviolent or violent sexual offenses
requiring sex offender registration (see BACKGROUND).
Under the bill, these convictions are eligible for erasure after the
following periods have passed since the person’s most recent
conviction for any crime:
1. seven years, for misdemeanors;
2. 10 years, for (a) class D or E felonies or (b) unclassified felonies
with prison terms of five years or less; and
3. 15 years, for (a) class C felonies or (b) unclassified felonies with
prison terms greater than five years but no more than 10 years.
In each case, the periods are calculated from the date the court
entered the person’s most recent conviction for any crime (with an
exception for certain drug possession crimes — see below). 2021SB-01019-R000613-BA.DOCX
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Under the bill, the records are erased automatically for offenses that
occurred on or after January 1, 2000. For offenses before then, the
records are erased when the person files a petition on a form
prescribed by the Office of the Chief Court Administrator.
The bill specifies that these provisions do not (1) limit any other
procedure for erasure of criminal history record information or (2)
prohibit someone from participating in any such procedure, even if
that person’s records have been erased under the bill’s procedure.
As explained below, the bill establishes a separate process for
erasing misdemeanor convictions committed by minors before July l,
2012.
The bill also makes conforming changes.
EFFECTIVE DATE: January 1, 2023
DMV Records
The bill specifies that it does not require the Department of Motor
Vehicles (DMV) to erase criminal history record information from
operators’ driving records. It requires DMV, when applicable, to make
this information available through the Commercial Driver’s License
Information System.
Certain Drug Possession Convictions
Under the bill, if a person was convicted for certain illegal drug
possession offenses before October 1, 2015, that conviction is not
considered as a most recent offense when evaluating whether enough
time has passed for a person’s conviction to qualify for erasure.
Generally, this applies to convictions for possessing (1) less than four
ounces of cannabis or (2) any amount of non-narcotic or non-
hallucinogenic drugs.
(Effective October 1, 2015, PA 15-2, June Special Session (§ 1)
replaced the prior penalty for drug possession crimes, which punished
most types of illegal drug possession as felonies. It created a new
structure that generally punishes possession of half an ounce or more 2021SB-01019-R000613-BA.DOCX
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of cannabis or any amount of another illegal drug as a class A
misdemeanor.)
Certain Misdemeanor Convictions for Minors (§ 3(f))
Under existing law, 17 is the maximum age of juvenile court
jurisdiction. Specifically, 16-year-olds were transferred to juvenile
jurisdiction starting July 1, 2010, and 17-year-olds were transferred
starting July 1, 2012.
The bill establishes a separate process for erasure of misdemeanor
convictions for crimes committed before July 1, 2012, by individuals
under age 18 at the time of the offense. These provisions apply to
related police, court, and prosecutor records. But they do not apply if
the person was convicted for multiple charges in the case and at least
one is not eligible for erasure. This is an exception to the general rule
for record erasure in multi-count cases (see below).
For these offenses committed from January 1, 2000, through June 30,
2012, if the records are electronic (other than scanned copies of
physical documents), they must be erased; otherwise, they are deemed
erased by operation of law. The bill excludes from these procedures (1)
motor vehicle offenses; (2) violations under Title 14 (motor vehicle and
driving laws); and (3) offenses for failing to pay the fine and related
fees, plead not guilty, or appear in court for an infraction or a violation
that is subject to infraction procedures.
For misdemeanor offenses committed before January 1, 2000, by
someone under age 18, the person may request the erasure by filing a
petition with the Superior Court where the conviction occurred. The
court must then direct the records to be erased.
General Provisions (§ 3(g)-(k))
Under the bill, various existing provisions on criminal record
erasure in some circumstances (e.g., following a dismissal, not guilty
finding, or pardon) also apply to the bill’s new erasure provisions, as
applicable.
For example: 2021SB-01019-R000613-BA.DOCX
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1. no fees may be charged for any record erasure petition;
2. anyone whose records are erased under these provisions is
deemed to have never been arrested for those charges under
law and may swear to that under oath;
3. if the case contained multiple charges and only some are
entitled to erasure, electronic records released to the public
must be erased to the extent they reference charges entitled to
erasure; and
4. these record erasure laws do not apply to court records and
transcripts prepared by official court reporters, assistant court
reporters, and monitors.
Generally, the court clerk or law enforcement agencies with
information in these erased records must not disclose information
pertaining to the erased charges. But the person whose charges were
erased can obtain this information, by submitting satisfactory proof of
his or her identity under guidelines prescribed by the Office of the
Chief Court Administrator. The clerk must provide adequate measures
to safeguard against unauthorized access to, or dissemination of,
erased records.
The court clerk must forward a notice of the erasure to applicable
law enforcement agencies directing that their records about the case be
erased. Under the bill, the clerk must also forward similar notice to the
appropriate prosecutors for misdemeanors committed by minors
between January 1, 2000, and June 30, 2012.
The court must disclose erased criminal records (unless they have
been destroyed) in limited circumstances, such as to the prosecutor
and defense counsel when the records are connected to a perjury
charge that the prosecutor alleges to have arisen from testimony at
trial.
Erasure of Records Following Decriminalization (§ 4)
Under existing law, upon the petition of someone convicted for an 2021SB-01019-R000613-BA.DOCX
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act that was subsequently decriminalized, the court must order the
physical destruction of all related police, court, and prosecution
records. The bill specifies that the court must order this immediately
upon receiving the petition.
Court Location for Certain Existing Erasure Laws (§§ 3 & 4)
The bill also specifies that, for various record erasure provisions
under existing law, the petitioner must file the request with the
Superior Court where venue would currently exist if the conviction
took place in certain courts that are now obsolete. Current law instead
requires these petitions to be filed with the judicial branch records
center.
These provisions apply to petitions for erasure of (1) convictions for
decriminalized offenses and (2) records for certain older cases that are
subject to erasure under existing law (e.g., dismissals or pardons).
The bill also makes related minor changes.
§ 5 — AUTOMATED PROCESSES FOR RECORD ERA SURE
Requires DESPP, in consultation with the judicial branch and the CJIS governing board,
to implement automated processes for criminal record erasure; allows DESPP to post
information online or otherwise distribute information about which records are subject to
erasure
The bill requires DESPP, in consultation with the judicial branch
and the Criminal Justice Information System Governing Board, to
develop and implement automated processes for criminal record
erasure. This includes (1) the bill’s provisions for erasure of certain
convictions after a specified period as described above and (2) certain
erasure provisions under existing law (e.g., following a dismissal or
pardon).
It allows DESPP, within available appropriations, to post
information on its website or otherwise disseminate information on
which records are subject to erasure.
It also specifies that these provisions do not require the destruction
of paper records. 2021SB-01019-R000613-BA.DOCX
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EFFECTIVE DATE: January 1, 2023
§ 6 — RECORD PURCHASERS AN D DISCLOSURE
Extends certain requirements for purchasers of public criminal records to cover records
purchased from all criminal justice agencies, not just the judicial branch; sets a 30-day
deadline for these purchasers to update their records after receiving information on certain
records’ erasure
Current law establishes certain requirements that persons who
purchase public criminal records from the judicial branch must meet
before disclosing these records. The bill expands these provisions to
also cover records purchased from other criminal justice agencies (e.g.,
the State Police, Department of Motor Vehicles, or Department of
Correction). It also specifies that these requirements apply to
background screening providers and similar data-based services or
companies, in addition to consumer reporting agencies as under
current law.
Under existing law, the judicial branch must make information
(such as docket numbers) on erased records available to these
purchasers, to allow them to identify and permanently delete these
records. Currently, before disclosing the records, the person must
purchase from the judicial branch any updated public criminal records
or information available to comply with the law, either on a monthly
basis or on another schedule the judicial branch establishes. As noted
above, the bill extends these provisions to other criminal justice
agencies.
Current law also requires these purchasers to update their records
before disclosing them to permanently delete any erased records. The
bill requires them to do this within 30 days after receiving information
on erased records.
As under existing law, the purchaser may not further disclose
erased records.
EFFECTIVE DATE: January 1, 2023
§ 7 — CRIMINAL HISTORY SEARCH FEE WAIVER
Allows DESPP to waive the criminal history search fee for indigent pardon applicants 2021SB-01019-R000613-BA.DOCX
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The bill allows DESPP to waive the $75 fee for a criminal history
information record search for pardon applicants requesting the search
in connection with their application. It requires applicants seeking a
waiver to complete a DESPP -prescribed form indicating their
indigency.
EFFECTIVE DATE: July 1, 2021
§§ 9-32 & 34 — DISCRIMINATION BASED ON ERASED CRIMINAL
INFORMATION
Prohibits discrimination in various contexts based on someone’s erased criminal history
record information; classifies certain types of discrimination on this basis as
discriminatory practices under CHRO’s jurisdiction; makes related changes
The bill prohibits various forms of discrimination based on
someone’s erased criminal history record information, such as in
employment, public accommodations, the sale or rental of housing, the
granting of credit, and several other areas.
In several cases, it classifies discrimination based on these erased
records as a “discriminatory practice” under the CHRO laws. By doing
so, the bill allows individuals aggrieved by these violations, or CHRO
itself, to file a complaint with CHRO alleging discrimination.
Additionally, it classifies as discriminatory employment practices
certain employer actions already prohibited by law, and allows
aggrieved individuals to file a CHRO complaint or lawsuit (see § 15
below).
EFFECTIVE DATE: January 1, 2023, except for certain provisions on
(1) discriminatory practices within CHRO jurisdiction (§§ 11, 12, 16, 17,
23, 24 & 26) and (2) state agency discrimination (§§ 18-22), which are
effective October 1, 2021.
Erased Records Defined (§ 10)
The bill defines “criminal history record information” as court
records and information obtained from the judicial branch or any
criminal justice agency relating to (1) arrests, releases, detentions,
indictments, information, or other formal criminal charges; (2) any
events and outcomes arising from them, including pleas, trials, 2021SB-01019-R000613-BA.DOCX
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sentences, appeals, incarcerations, correctional supervision, paroles
and releases, or outstanding judgments; and (3) any other conviction
information.
“Erased criminal history record information” is (1) the above
information that has been erased under the bill or existing law, (2)
information related to people granted youthful offender status, or (3)
continuances of criminal cases that are more than 13 months old.
Discriminatory Practices Under CHRO Statutes
Under the bill, the following types of discrimination are classified as
discriminatory practices subject to CHRO jurisdiction. These
provisions apply starting January 1, 2023.
Deprivation of Rights (§ 11). The bill prohibits depriving someone
of rights, privileges, or immunities secured or protected by state or
federal laws or constitutions, or causing this to occur, based on a
person’s erased criminal history record information.
Housing (§ 12). The bill generally prohibits the following kinds of
housing discrimination based on the erased criminal history record of
(1) a buyer or renter (or potential one as applicable); (2) anyone
associated with them; or (3) someone residing in, or intending to reside
in, the dwelling after it is sold, rented, or made available. Specifically,
this applies to:
1. refusing to sell or rent after a person makes a bona fide offer, or
refusing to negotiate for the sale or rental of a dwelling, or
otherwise denying or making a dwelling unavailable;
2. discriminating in the terms, conditions, or privileges of a
dwelling’s sale or rental, or in the provision of services or
facilities in connection with the sale or rental;
3. making, printing, or publishing a notice, statement, or
advertisement (or causing any of these to be done) about a
dwelling’s sale or rental that indicates a preference, limitation,
or discrimination, or an intention to make such a preference, 2021SB-01019-R000613-BA.DOCX
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limitation, or discrimination;
4. falsely representing to someone that a dwelling is not available
for inspection, sale, or rental, a practice commonly known as
“steering”; or
5. any person or entity engaging in residential real estate
transactions discriminating in making a transaction available or
in the transactions’ terms or conditions.
Additionally, the bill generally prohibits the following kinds of
housing discrimination based on a person’s erased criminal history
record information:
1. inducing or attempting to induce someone, for profit, to sell or
rent a dwelling by representing that people with erased criminal
history record information are moving, or may move, into the
neighborhood;
2. denying someone access to, or membership or participation in, a
multiple-listing service, real estate brokers’ organization, or
other service, organization, or facility related to the business of
selling or renting dwellings, or discriminating in the terms or
conditions of such access, membership, or participation; or
3. coercing, intimidating, threatening, or interfering with
someone’s exercise or enjoyment of these rights, or taking these
actions on account of the person having exercised, enjoyed, or
aided or encouraged someone else in the exercise or enjoyment
of these rights.
These prohibitions do not apply to (1) renting a room or rooms in a
single-family home in which the owner lives or (2) a unit in a home
containing up to four units if the owner lives in one.
The bill specifies that these provisions do not (1) limit any
reasonable state law or municipal ordinance restricting maximum
occupancy in a dwelling or (2) prohibit a property appraiser from
considering factors other than someone’s erased criminal history 2021SB-01019-R000613-BA.DOCX
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record.
Employer Actions Already Prohibited by Law (§ 15). Existing law
bars employers from taking various actions in relation to job
applicants’ or employees’ criminal history or erased criminal records.
Under current law, an applicant or employee allegedly aggrieved by
a violation of these laws may file a complaint with the labor
commissioner. The bill instead deems some violations to be
discriminatory employment practices under CHRO’s jurisdiction. It
allows allegedly aggrieved individuals to file a (1) CHRO complaint or
(2) lawsuit for declaratory or injunctive relief, damages, or any other
remedy allowed by law. The bill specifies that it is the individual’s
choice whether to file a CHRO complaint or lawsuit.
This applies to the following:
1. employers asking prospective employees about their prior
arrests, criminal charges, or convictions on an initial
employment application, unless the (a) employer must do so
under a state or federal law or (b) prospective employee is
applying for a position that requires a security or fidelity bond
or an equivalent bond;
2. if an employment application includes questions on criminal
history, the failure to contain certain disclosures in clear and
conspicuous language, such as that the applicant is not required
to disclose erased records and an explanation of what those
records are; and
3. employers (or their agents or designees) denying employment
to someone, or discharging or discriminating against an
employee, based solely on erased criminal records or a prior
conviction for which the person (before employment) received a
provisional pardon or certificate of rehabilitation.
The bill makes related minor and technical changes to these
provisions. 2021SB-01019-R000613-BA.DOCX
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Other Employment Provisions (§ 16). The bill prohibits employers
or their agents, representatives, or designees from discriminating
against someone in pay or employment terms, conditions, or privileges
based on the person’s erased criminal history record information. This
applies to any employer with at least one employee, including the state
or municipal employers.
The bill also prohibits the following kinds of employment-related
discrimination based on a person’s erased criminal history record
information:
1. employment agencies failing or refusing to properly classify or
refer the person for employment or otherwise discriminating
against the person;
2. labor organizations excluding the person from full membership
rights, expelling the person, or discriminating in any way
against a member, employer, or employee; or
3. employers, employment agencies, labor organizations, or
anyone else advertising employment opportunities in a way
that restricts employment and thus discriminates.
Associations of Licensed People (§ 17). The bill prohibits
professional or trade associations, boards, or other organizations
whose profession, trade, or occupation requires a state license, from
refusing to accept someone as a member because of his or her erased
criminal history record information. Violators are subject to a $100 to
$500 fine.
Public Accommodations (§ 23). The bill prohibits anyone from
denying someone, on the basis of erased criminal record information,
full and equal accommodations in any place of public accommodation,
resort, or amusement (i.e., one that caters to or offers its services,
facilities, or goods to the general public), subject to lawful conditions
and limitations that apply alike to everyone. It further prohibits
discriminating, segregating, or separating people on this basis. 2021SB-01019-R000613-BA.DOCX
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State Higher Education System (§§ 24 & 25). The bill prohibits
the state higher education system from denying someone an
educational opportunity based on erased criminal history record
information.
Additionally, it requires the state higher education system’s policies
to have the goal of ensuring that no qualified person is denied the
opportunity for higher education due to erased criminal history record
information. (The bill does not make a violation of this latter provision
a discriminatory practice under the CHRO laws.)
Credit (§ 26). The bill prohibits a creditor from discriminating
against an adult in a credit transaction on the basis of his or her erased
criminal record history information.
Other Forms of Discrimination
The bill also addresses discrimination in the following areas that are
not discriminatory practices under CHRO jurisdiction.
Connecticut Housing Finance Authority (§ 13). Under the bill, the
Connecticut Housing Finance Authority must require that the
occupancy of all housing it finances or otherwise assists be open to all
people regardless of their erased criminal history record information. It
also requires the contractors and subcontractors who build or
rehabilitate this housing to take affirmative action to provide equal
employment opportunity without discriminating as to erased criminal
history record information.
Municipal Housing Finance Assistance (§ 14). The bill requires
municipalities to take all necessary steps to ensure that the occupancy
of all housing financed or assisted under the Municipal Housing
Finance Assistance Act is open to all people, regardless of their erased
criminal history record information.
State Agencies (§§ 18-22 & 29). Starting January 1, 2023, the bill
prohibits several types of discrimination by state agencies regarding
erased criminal history record information. More specifically, it: 2021SB-01019-R000613-BA.DOCX
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1. requires state officials and supervisory personnel to recruit,
appoint, assign, train, evaluate, and promote state personnel on
the basis of merit and qualifications, without regard to their
erased criminal history record information (§ 18);
2. prohibits state departments, boards, or agencies from granting,
denying, or revoking a person’s license or charter on the
grounds of his or her erased criminal history record
information, except DMV may consider this information to the
extent required by federal regulations on commercial driver’s
licenses (49 § C.F.R. 384) (§ 19);
3. requires all educational, counseling, and vocational guidance
programs and all apprenticeship and on-the-job training
programs of state agencies, or in which they participate, to be
open to all qualified persons, without regard to their erased
criminal history record information (§ 20);
4. prohibits someone’s erased criminal history record information
from being considered as a limiting factor in state-administered
programs involving the distribution of funds to qualify
applicants for benefits authorized by law (§ 21); and
5. requires state agency services to be performed without
discrimination based on erased criminal history record
information (§ 22).
Additionally, the bill specifically prohibits state departments,
boards, or agencies from allowing any newly prohibited types of
discrimination described above that the bill classifies as discriminatory
practices under the CHRO laws (e.g., housing discrimination based on
erased criminal records).
Auto Insurance (§ 27). The bill prohibits auto insurance companies
from declining, canceling, or refusing to renew auto insurance policies
solely on the basis of erased criminal history record information,
unless the company is part of an insurer group and another member of
the group would not decline a similar application on this basis. 2021SB-01019-R000613-BA.DOCX
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Life Insurance (§ 28). The bill prohibits life insurers from making
any distinction or discrimination against a person in premiums, rates,
or the amount payable on a policy because of the person’s erased
criminal history record information.
Licensure or Employment Denial Based on Criminal History (§§
30-32)
Current law declares that it is the state’s policy to encourage
employers to give favorable consideration to hiring people with
criminal convictions. The bill specifies that this policy must not be
construed to allow employers to (1) refuse to hire, (2) fire, or (3)
discriminate against someone in pay or employment terms, based on
that person’s erased criminal history record information.
Generally, existing law (1) allows state agencies to deny
employment or a credential to a person with a prior felony conviction
if he or she is found unsuitable after considering certain factors; (2)
bars employers from inquiring about prospective employees’ criminal
history unless the law specifically disqualifies applicants with certain
criminal histories; and (3) bars the state from distributing erased
criminal records, or records of arrests not leading to convictions, in
connection with employment applications or credentialing.
The bill specifies that these provisions do not allow employers to
discriminate on the basis of erased criminal history information, as set
forth above. The bill also updates terminology in these statutes and
makes minor and technical changes.
§ 33 — CRIMINAL JUSTICE AGENCIES
Adds DESPP and the Division of Criminal Justice to the list of “criminal justice
agencies” for the purpose of determining access to criminal records
The bill specifically lists DESPP and the Division of Criminal Justice
as “criminal justice agencies” for the purpose of determining access to
criminal records. Under existing law, the State Police and state’s
attorneys, assistant state’s attorneys and deputy assistant state’s
attorneys, and various other agencies are already classified as criminal
justice agencies for this purpose. 2021SB-01019-R000613-BA.DOCX
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By law, criminal justice agencies have access to criminal history
record information. The law establishes various duties for criminal
justice agencies regarding this information. For example, if they collect,
store, or disseminate criminal history record information they must
institute a process to minimize the possibility of recording and storing
inaccurate information, and upon discovering any inaccuracy, notify
all other agencies known to have received it (CGS § 54-142h(a)).
Among other things, existing law authorizes these agencies to reject
for employment, for good cause, applicants for positions that would be
authorized to directly access criminal history record information (CGS
§ 54-142i).
EFFECTIVE DATE: January 1, 2023
§ 35 — MISDEMEANOR SENTENCE S
Reduces the maximum sentence for misdemeanors by one day, from one year to 364 days,
and makes related changes
The bill reduces the maximum sentence for misdemeanors by one
day, from one year to 364 days. Currently, the maximum sentence for a
class A misdemeanor, and certain unclassified misdemeanors, is one
year (see BACKGROUND, Federal Immigration Law).
The bill provides that if someone was sentenced to a one-year
prison term for a misdemeanor, the conviction must still be deemed a
misdemeanor after the maximum term is reduced to 364 days as
provided above.
It (1) allows anyone previously sentenced to a one-year prison term
for a misdemeanor to apply to court to modify the sentence to 364 days
and (2) requires the court to issue the modification unless the
sentencing records have been destroyed. The person must apply to the
court that entered the judgment of conviction, and may apply at any
time (thus, even after completing the sentence).
The bill applies regardless of when the person was sentenced.
EFFECTIVE DATE: October 1, 2021 2021SB-01019-R000613-BA.DOCX
Researcher: JO Page 19 4/26/21
BACKGROUND
Criminal Conviction Erasure
Under existing law, a person convicted of a crime seeking to have
the conviction and associated records erased must apply to the Board
of Pardons and Paroles for an absolute pardon. Generally, the board
cannot accept an application for a pardon until five years after a felony
conviction and three years after a misdemeanor conviction. The Board
takes certain factors into consideration in determining whether to
grant pardons. Generally, the board must hold hearings before
granting a pardon; some non-violent convictions are eligible for an
expedited process that does not involve a hearing (CGS § 54-130a et
seq.).
A convicted offender who is not incarcerated may also apply for a
certificate of employability to relieve him or her from certain barriers
or forfeitures related to employment or licensure. This certificate does
not affect the individual’s criminal record (CGS §§ 54-108f and -130e).
Family Violence Crimes
By law, a “family violence crime” is a crime, other than a delinquent
act, that involves an act of family violence to a family or household
member. It does not include acts by parents or guardians disciplining
minor children unless these acts constitute abuse.
Generally, “family violence” is physical harm or the threat of
violence between family or household members, including stalking or
a pattern of threatening, but excluding verbal abuse or arguments
unless there is present danger and likelihood of physical violence (CGS
§ 46b-38a).
Nonviolent Sexual Offenses and Sexually Violent Offenses
Under Connecticut law, certain criminal convictions require sex
offender registration. These include, among others, “nonviolent sexual
offenses” and “sexually violent offenses.”
Nonviolent sexual offenses include 4
th
degree sexual assault and
certain cases of voyeurism. Sexually violent offenses include several 2021SB-01019-R000613-BA.DOCX
Researcher: JO Page 20 4/26/21
crimes, such as (1) 1
st
degree aggravated sexual assault; (2) 3
rd
degree
sexual assault with a firearm; and (3) certain cases of 1
st
, 2
nd
, and 3
rd
degree sexual assault (CGS § 54-250).
Federal Immigration Law
Federal law lists certain categories of crimes that render a non-
citizen removable from the United States or otherwise affect
immigration status. In some situations, immigration consequences are
triggered based on whether the crime was punishable by at least one
year in prison.
For example, a non-citizen may be removed following conviction for
(1) a “crime involving moral turpitude” committed within five years
after admission (or 10 years in some cases) if the maximum sentence
for the crime is at least one year, or (2) an “aggravated felony”
committed at any time after admission (8 U.S.C. § 1227(a)(2)).
Aggravated felonies include, among others, certain offenses with a
sentence of at least one year, regardless of the offense’s classification
under state law (8 U.S.C. § 1101(a)(43)).
Related Bills
sSB 888 (File 569, §§ 8-10), reported favorably by the Judiciary
Committee, (1) provides for the erasure of certain cannabis-related
convictions and certain other convictions for possessing non-narcotic
drugs and (2) includes provisions similar to ones in this bill regarding
purchasers of public criminal records.
sHB 6377 (File 462, §§ 33 & 34), reported favorably by the Labor and
Public Employees Committee, provides for the erasure of certain
convictions for possessing cannabis or other non-narcotic drugs.
sHB 6474 (File 386), reported favorably by the Labor and Public
Employees Committee, generally makes it a discriminatory practice for
employers with at least three employees to deny employment to
someone solely because of their “criminal history record information”
(regardless of whether the records have been erased), and similarly
makes it a discriminatory practice for state licensing agencies to deny 2021SB-01019-R000613-BA.DOCX
Researcher: JO Page 21 4/26/21
an occupational license, permit, certificate, or registration to someone
solely because of their criminal records.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 23 Nay 14 (04/05/2021)