When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.
Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.
Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.
Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In Connecticut, expungement of a criminal record, also known as an 'absolute pardon,' allows for the permanent erasure of the record so that it is no longer accessible to courts or any federal, state, municipal, or county agencies, nor to private entities conducting background checks. This is distinct from having a record sealed, where the record still exists but is less accessible. Generally, expungement in Connecticut is not available for those who have been convicted of a crime, with certain exceptions. Eligibility for expungement often hinges on the completion of probation, a rehabilitation program, or the passage of a specified amount of time without reoffending. Juvenile records may also be eligible for expungement under certain conditions. The specifics of expungement eligibility, procedures, and the types of crimes that can be expunged are detailed in Connecticut's statutes, particularly within the penal or criminal code. It is important to consult with an attorney to understand the nuances of Connecticut's expungement laws and to determine individual eligibility.