O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-32—sSB 1019
Judiciary Committee
Appropriations Committee
AN ACT CONCERNING TH E BOARD OF PARDONS A ND PAROLES,
ERASURE OF CRIMINAL RECORDS FOR CERTAIN MISDEMEANOR
AND FELONY OFFENSES, PROHIBITING DISCRIMI NATION BASED
ON ERASED CRIMINAL H ISTORY RECORD INFORM ATION AND
CONCERNING THE RECOM MENDATIONS OF THE CO NNECTICUT
SENTENCING COMMISSIO N WITH RESPECT TO MI SDEMEANOR
SENTENCES
TABLE OF CONTENTS:
§ 1 — BOARD OF PARDONS AND PAROLES TRAINING
Expands required annual training for Board of Pardons and Paroles members to include the
pardons process, including information on the 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 most misdemeanor convictions and certain
felony convictions after a specified period following the person’s most recent conviction;
establishes a separate process for erasing misdemeanor convictions committed by minors before
July l, 2012; allows attorneys for individuals subject to immigration matters to petition for their
clients’ erased records; 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 O L R P U B L I C A C T S U M M A R Y
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§§ 9-32 & 34 — DISCRIMINATION BASED ON ERASED CRIMINAL
RECORDS
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 from one year to 364 days and makes related
changes
BACKGROUND
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, including information on the collateral consequences of having a criminal
record
This act 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 act 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 it considered to determine whether the applicant qualified for a pardon
and (2) explaining which factors the applicant did not satisfy.
Under existing law, the board’s regulations must require board members in
pardons hearings to issue written statements of the reasons for rejecting a pardon
application (CGS § 54-124a(j); see Conn. Agencies Reg., § 54-124a(j)(3)-1).
EFFECTIVE DATE: January 1, 2023 O L R P U B L I C A C T S U M M A R Y
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§§ 3, 4 & 8 — ERASURE OF CERTAIN CONVICTION RECORDS
Establishes a process to erase conviction records for most misdemeanor convictions and certain
felony convictions after a specified period following the person’s most recent conviction;
establishes a separate process for erasing misdemeanor convictions committed by minors before
July l, 2012; allows attorneys for individuals subject to immigration matters to petition for their
clients’ erased records; makes minor changes to existing record erasure laws
The act 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 generally applies to (1) related
police, court, and prosecutor records (including those from 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 D or E felonies; and (3) unclassified felonies with up to
five-year prison terms. The act excludes (1) family violence crimes and (2)
nonviolent or violent sexual offenses requiring sex offender registration (see
BACKGROUND). (PA 21-33, § 10, expands the list of convictions ineligible for
erasure to include (1) specified class D felonies and class A misdemeanors, such
as several assault crimes, and (2) any offense for which the person has not
completed serving the sentence, including probation or parole.)
Under the act, applicable convictions are eligible for erasure after the
following periods have passed since the person’s most recent conviction:
1. seven years, for eligible misdemeanors; and
2. 10 years, for eligible felonies.
In each case, the periods are calculated from the date the court entered the
person’s most recent conviction for any crime, except for convictions for certain
drug possession crimes (see § 3(e)(3) below).
Under the act, 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 act 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 such a procedure, even if that person’s records have been erased
under the act’s procedure.
As explained below, the act establishes a separate process for erasing
misdemeanor convictions committed by minors before July l, 2012.
It also makes conforming changes.
EFFECTIVE DATE: January 1, 2023
Certain Drug Possession Convictions (§ 3(e)(3))
Under the act, if a person was convicted for certain illegal drug possession
offenses before October 1, 2015, that conviction is not considered a most recent O L R P U B L I C A C T S U M M A R Y
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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 penalty structure that generally
punishes possession of illegal drugs as a class A misdemeanor.)
DMV Records (§ 3(e)(5))
The act 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 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 act 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 § 3(i) 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 act
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)-(i), (k)-(l))
Under the act, various existing provisions on criminal record erasure in some
circumstances (e.g., following a dismissal, not guilty finding, or pardon) also
apply to the act’s new erasure provisions, as applicable.
For example:
1. no fees may be charged for any record erasure petition; O L R P U B L I C A C T S U M M A R Y
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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.
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.
Petition for Return of Records for Immigration Matters (§ 3(j))
The act allows a person’s attorney to petition the Superior Court for the
client’s erased records if the client is the subject of an immigration matter and
federal law may require disclosure of criminal history information. This applies to
Connecticut convictions that were erased under existing law or the act’s new
procedures.
The attorney must file the petition with the Superior Court (1) where the
conviction occurred, (2) that has custody of the conviction records, or (3) where
venue would currently exist if the conviction took place in certain courts that are
now obsolete.
The court must direct that the police, court, and prosecutor records be made
available to the attorney, to the extent the information has been retained.
Erasure of Records Following Decriminalization (§ 4)
Under existing law, upon the petition of someone convicted for an act that was
subsequently decriminalized, the court must order the physical destruction of all
related police, court, and prosecution records. The act specifies that the court must
order this immediately upon receiving the petition.
Court Location for Certain Existing Erasure Laws (§§ 3(b)-(d) & 4)
The act also specifies that, for various record erasure provisions under existing
law, the petitioner must file the request with the Superior Court where venue O L R P U B L I C A C T S U M M A R Y
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would currently exist if the conviction took place in certain courts that are now
obsolete. Prior law instead required 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 act also makes related minor changes.
§ 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
The act requires the Department of Emergency Services and Public Protection
(DESPP), in consultation with the judicial branch and the Criminal Justice
Information System (CJIS) Governing Board, to develop and implement
automated processes for criminal record erasure.
The act allows DESPP, within available appropriations, to post information on
its website or otherwise disseminate information about which records are subject
to erasure. It also specifies that these provisions do not require the destruction of
paper records.
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
Existing law establishes certain requirements that those who purchase public
criminal records from the judicial branch must meet before disclosing these
records. The act expands these provisions to also cover records purchased from
other criminal justice agencies (e.g., the State Police, Department of Correction,
or DMV). 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 existing 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. 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 act
extends these provisions to other criminal justice agencies.
Existing law also requires these purchasers to update their records before
disclosing them, to permanently delete any erased records. The act requires them
to do this within 30 days after receiving information on erased records. O L R P U B L I C A C T S U M M A R Y
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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
The act allows DESPP to waive the $75 fee for a criminal history information
record search for individuals requesting the search in connection with their pardon
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
RECORDS
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 act 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 Commission on Human Rights and
Opportunities (CHRO) laws. By doing so, the act 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 (§ 9)
The act 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 those arrests,
releases, and detentions, including pleas, trials, sentences, appeals, incarcerations,
correctional supervision, paroles and releases, or outstanding judgments; and (3)
any other conviction information.
Under the act, “erased criminal history record information” is (1) the above O L R P U B L I C A C T S U M M A R Y
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information that has been erased under the act 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 act, the following types of discrimination are classified as
discriminatory practices subject to CHRO jurisdiction (§ 10). These provisions
apply starting January 1, 2023.
Deprivation of Rights (§ 11). The act 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 act generally prohibits the following kinds of housing
discrimination based on the erased criminal history record information 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 a dwelling after a person makes a bona fide offer, or
refusing to negotiate for the sale or rental, 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, 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-related transactions
discriminating in making a transaction available or in the transactions’
terms or conditions.
Additionally, the act 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 residential real estate
sales or rentals, or discriminating in the terms or conditions of this 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 O L R P U B L I C A C T S U M M A R Y
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the exercise or enjoyment of these rights.
These prohibitions do not apply to (1) renting a room or rooms in a unit in a
home if the owner lives in part of that unit or (2) a unit in a home containing up to
four units if the owner lives in one.
The act 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 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. These provisions apply to any
employer with at least one employee, including the state and municipal
employers.
Under prior law, an applicant or employee allegedly aggrieved by such a
violation could file a complaint with the labor commissioner. The act 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 act 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,
including (a) that the applicant is not required to disclose erased records,
(b) an explanation of what those records are, and (c) that individuals with
erased records may swear under oath that they were never arrested in
connection with the erased proceedings; and
3. employers (or their agents, representatives, or designees) denying
employment to someone, or discharging or discriminating against an
employee, based solely on a pre-employment conviction that was erased
or for which the person received a provisional pardon or certificate of
rehabilitation.
The act also makes minor and technical changes to these provisions.
Other Employment Provisions (§ 16). The act 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 and municipal employers.
The act 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 O L R P U B L I C A C T S U M M A R Y
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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; and
3. employers, employment agencies, labor organizations, or anyone else
advertising employment opportunities in a way that restricts employment
on this basis and thus discriminates.
Associations of Licensed People (§ 17). The act 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 act prohibits anyone from denying
someone, based on 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.
State Higher Education System (§§ 24 & 25). The act prohibits the state
higher education system from denying someone an educational opportunity based
on erased criminal history record information.
Additionally, it requires the 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 act does not make a violation of this
latter provision a discriminatory practice under the CHRO laws.)
Credit (§ 26). The act prohibits a creditor from discriminating against an adult
in a credit transaction based on his or her erased criminal record history
information.
Other Forms of Discrimination
The act also addresses discrimination in the areas described below, but does
not classify them as discriminatory practices under CHRO jurisdiction.
Connecticut Housing Finance Authority (§ 13). Under the act, 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. The act 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 act 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 act prohibits O L R P U B L I C A C T S U M M A R Y
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several types of discrimination by state agencies regarding erased criminal history
record information. More specifically, it:
1. requires state officials and supervisory personnel to recruit, appoint,
assign, train, evaluate, and promote state personnel based on 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 people, 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 act specifically prohibits state departments, boards, or
agencies from allowing any newly prohibited types of discrimination described
above that the act classifies as discriminatory practices under the CHRO laws
(e.g., housing discrimination based on erased criminal records).
Auto or Life Insurance (§§ 27 & 28). The act prohibits auto insurance
companies from declining, canceling, or refusing to renew policies solely based
on 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.
The act also 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.
In each case, a violation is considered an unfair and deceptive insurance
practice (see CGS § 38a-816).
Licensure or Employment Denial Based on Criminal History (§§ 30-32)
Existing law declares that it is the state’s policy to encourage employers to
give favorable consideration to hiring people with criminal convictions. The act
specifies that this policy must not be construed to allow employers to (1) refuse to
hire, (2) fire, or (3) discriminate against someone in compensation or other
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 O L R P U B L I C A C T S U M M A R Y
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a prior criminal conviction if he or she is found unsuitable after
considering certain factors;
2. bars the state from distributing erased criminal records, or records of
arrests not leading to convictions, in connection with employment
applications or credentialing; and
3. bars state employers from inquiring about a prospective employee’s
criminal history until the person is deemed otherwise qualified for the job,
unless the law specifically disqualifies applicants with certain criminal
histories.
The act extends this latter provision to all employers, in accordance with the
existing provisions described above (§ 15). It also (1) specifies that these
provisions do not allow employers to discriminate based on erased criminal
history information, as set forth above, and (2) 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 act 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.
Existing law gives criminal justice agencies access to criminal history record
information and establishes various duties for them regarding it. 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 from one year to 364 days and makes related
changes
The act reduces the maximum sentence for misdemeanors from one year to
364 days. Previously, the maximum sentence for a class A misdemeanor, and
certain unclassified misdemeanors, was one year (see BACKGROUND, Federal
Immigration Law).
The act 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 O L R P U B L I C A C T S U M M A R Y
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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 act applies regardless of when the person was sentenced.
EFFECTIVE DATE: October 1, 2021
BACKGROUND
Criminal Conviction Erasure
Under existing law, a person convicted of a crime who seeks 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, although 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. (PA 21-78, § 4, also categorizes criminal violation of a
protection order or condition of release as a family violence crime when the
condition of release or order is issued for an act of family violence or a family
violence crime.)
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 4th degree sexual assault and certain cases O L R P U B L I C A C T S U M M A R Y
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of voyeurism. Sexually violent offenses include several crimes, such as (1) 1st
degree aggravated sexual assault; (2) 3rd degree sexual assault with a firearm; and
(3) certain cases of 1st, 2nd, and 3rd 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 if 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 Acts
PA 21-1, June Special Session, §§ 8-10, (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 this act regarding purchasers
of public criminal records.
PA 21-33, §§ 10 & 14, (1) expands the list of convictions ineligible for
erasure under this act and (2) under certain circumstances requires prosecutors to
notify the victim, before the court accepts a plea agreement, as to whether the
defendant’s conviction may be eligible for erasure under PA 21-32.