Expungement / Record Sealing Petition and Eligibility Memo — Connecticut

Expungement / Record Sealing Petition and Eligibility Memo (CONNECTICUT)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [LAW FIRM]
RE: Eligibility for Erasure / Pardon under Conn. Gen. Stat. §§ 54-142a, 54-130a; P.A. 21-32 (Clean Slate)
DATE: [__/__/____]

1. Executive Summary

Connecticut record relief proceeds along three tracks, often used in combination:

1. Statutory erasure under § 54-142a — automatic for acquittals, dismissals, nolles (after 13 months), and successful completion of accelerated rehabilitation or other diversionary programs. No court action is generally required; if records have not been erased, counsel files a Motion to Erase under P.B. § 41-25.

2. Clean Slate automatic erasure under P.A. 21-32 — phased automatic erasure of misdemeanors (7-year window) and certain Class D/E and unclassified-≤-5-year felonies (10-year window). Implementation is ongoing and has experienced significant delays. Counsel should not rely on automatic processing and should pursue pardon relief in parallel for clients who urgently need a clean record.

3. Absolute pardon from the Board of Pardons and Paroles under § 54-130a — discretionary erasure of any non-excluded conviction after 3 years (misdemeanors) or 5 years (felonies) from most recent disposition. Application-based; hearing required for some categories.

Based on the facts provided, [PETITIONER NAME] is [ELIGIBLE / NOT YET ELIGIBLE / INELIGIBLE] under [STATUTE / PROGRAM], for the reasons stated below.

2. Petitioner Information

3. Track 1 — Statutory Erasure (§ 54-142a)

4. Track 2 — Clean Slate Automatic Erasure (P.A. 21-32)

5. Track 3 — Absolute Pardon (§ 54-130a)

6. Categorical Exclusions and Special Cases

7. Recommendation

[Based on the analysis above, recommend (a) filing a Motion to Erase under § 54-142a / P.B. § 41-25 if records were not erased post-acquittal/dismissal/diversion; (b) pursuing an absolute pardon application with the Board of Pardons and Paroles on or after [__/__/____]; (c) monitoring Clean Slate automatic processing while pursuing pardon in parallel. Identify any cure steps (restitution payoff, waiting-period completion) that must precede filing.]

Part B — Petition / Motion Template

B-1. Motion to Erase Pursuant to Conn. Gen. Stat. § 54-142a / P.B. § 41-25

Superior Court for the Judicial District of [________] at [________]
Docket No.: [________________]

MOTION TO ERASE CRIMINAL RECORDS

Movant [PETITIONER NAME], by and through undersigned counsel, moves this Court for an order directing the Clerk of this Court, the Connecticut State Police Bureau of Identification, and all other agencies in possession of records of the within matter to erase those records pursuant to Conn. Gen. Stat. § 54-142a and Practice Book § 41-25. In support, Movant states:

1. On [__/__/____], in this Court, Movant was charged with [OFFENSE], in violation of Conn. Gen. Stat. § [____], in Docket No. [________].
2. The matter was disposed of by [acquittal / dismissal / nolle prosequi entered on [__/__/____] (more than 13 months ago) / successful completion of accelerated rehabilitation under § 54-56e].
3. Under Conn. Gen. Stat. § 54-142a, the records of this matter are subject to erasure as a matter of law.
4. Despite the statutory directive, records of this matter remain accessible [in the Judicial Branch Case Look-Up system / through the State Police BIDS / on private background-check vendors' databases], to the prejudice of Movant.

WHEREFORE, Movant respectfully requests that this Court:

A. Enter an order directing the Clerk to erase all records of the within matter pursuant to § 54-142a;
B. Direct that copies of the order be transmitted to the Connecticut State Police Bureau of Identification, the arresting agency, the State's Attorney's office, and any other agency known to hold records of this matter;
C. Confirm Movant's right under § 54-142a(e)(1) to deny the existence of the arrest and charge in response to any inquiry; and
D. Grant such other relief as the Court deems just and proper.

DATED at [________], Connecticut this ___ day of ______________, 20___.

_______________________________
[ATTORNEY NAME], Juris No. [______]
[LAW FIRM]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Movant

Certification (P.B. § 10-14): I certify that on [__/__/____] a copy of the foregoing Motion was served on the State's Attorney for the Judicial District of [________] by [METHOD].

_______________________________
[ATTORNEY NAME]

B-2. Application for Absolute Pardon (Board of Pardons and Paroles)

APPLICANT: [PETITIONER NAME]
DATE OF BIRTH: [__/__/____]
APPLICATION TYPE: ☐ Absolute Pardon (Erasure) ☐ Provisional Pardon ☐ Certificate of Rehabilitation
STATE'S ATTORNEY JURISDICTION: [________________]

Personal Statement in Support of Application for Absolute Pardon

I, [PETITIONER NAME], respectfully apply to the Connecticut Board of Pardons and Paroles for an absolute pardon (erasure) of the conviction(s) identified in my application package. I submit this personal statement in support of that application.

1. Statutory Eligibility. I have satisfied the waiting periods under Conn. Gen. Stat. § 54-130a:

• More than three (3) years have elapsed since the disposition of my most recent misdemeanor conviction on [__/__/____]; and/or
• More than five (5) years have elapsed since the disposition of my most recent felony conviction on [__/__/____].
• I am not currently on probation or parole.
• I have no criminal charges pending in any jurisdiction.

2. Restitution and Conditions of Sentence. I have paid all fines, restitution, costs, and other court-ordered financial obligations in full. (Receipts attached as Exhibit A.) I have completed all probation, parole, treatment, community service, and other conditions of sentence.

3. Rehabilitation. Since my last conviction in [YEAR], I have [employment history; education; treatment; community involvement; family responsibilities]. Letters of support from employers, clergy, community leaders, and family are attached as Exhibits B–E.

4. Hardship Caused by Record. My criminal record has caused [employment denials / housing denials / professional-licensing barriers / immigration consequences], as documented in Exhibit F.

5. Public Safety. I respectfully submit that erasure of my record poses no risk to public safety. I have lived a law-abiding life for [____] years and am committed to continuing that path.

WHEREFORE, I respectfully request that the Board grant an absolute pardon erasing my Connecticut criminal record(s).

Dated: [__/__/____]

_______________________________
[PETITIONER NAME], Applicant

Attachments:

• Exhibit A: Proof of restitution and fee payment
• Exhibit B: Employment verification and letter from current employer
• Exhibit C: Letters of community reference
• Exhibit D: Educational / vocational records
• Exhibit E: Treatment / counseling records (if applicable)
• Exhibit F: Documentation of hardship caused by record
• Board-required: Certified copy of CT criminal-history record (CCH); release authorizations; PA-1 form

Part C — Filing Checklist

Track 1 — Motion to Erase (§ 54-142a)

☐ Confirm triggering event: acquittal, dismissal, nolle (13+ months), or diversionary-program completion
☐ Pull Judicial Branch case file and confirm whether erasure occurred
☐ Pull State Police BIDS report to confirm whether records remain accessible
☐ Draft Motion to Erase under P.B. § 41-25
☐ File in Superior Court of disposition; serve State's Attorney
☐ Calendar short-calendar hearing date if assigned

Track 2 — Clean Slate Monitoring (P.A. 21-32)

☐ Confirm conviction class and waiting period (7 years misdemeanor / 10 years Class D/E or unclassified ≤5-year felony)
☐ Confirm no family-violence designation, no sex-offender registration, no Class A or excluded Class B
☐ Confirm no convictions in any jurisdiction within the waiting period (resets the clock)
☐ Confirm no pending charges
☐ Check Judicial Branch Case Look-Up and BIDS for status
☐ Do NOT rely on automatic processing for time-sensitive needs — pursue pardon in parallel

Track 3 — Absolute Pardon Application

☐ Confirm misdemeanor 3-year / felony 5-year waiting period since most recent disposition
☐ Confirm not on probation/parole; no pending charges
☐ Pull CT CCH and certified disposition records for all convictions
☐ Obtain employment verification, character references (3+), treatment/education records
☐ Draft personal statement and hardship documentation
☐ Complete Board PA-1 / PA-2 forms and release authorizations
☐ Submit application to Board of Pardons and Paroles by Board deadline for desired hearing cycle
☐ Notify any victims through the Board's notice process
☐ Prepare for in-person or expedited paper-review hearing as assigned

Post-Order

☐ Obtain certified copies of erasure order or pardon decision
☐ Serve order on: Connecticut State Police BIDS, Judicial Branch, arresting agency, State's Attorney, Department of Correction (if applicable), and private background-check vendors
☐ Confirm BIDS database update (allow 30–90 days)
☐ Provide client written confirmation of erasure, including § 54-142a(e)(1) language permitting denial of arrest/charge/conviction
☐ Advise client of P.A. 21-32 § 31-51i employee notice rights vis-à-vis employers
☐ Advise client of remaining federal-disclosure obligations (ATF Form 4473, immigration filings, security clearance applications)

Sources and References

• Conn. Gen. Stat. § 54-142a (Erasure of criminal records): https://www.cga.ct.gov/current/pub/chap_961.htm
• Conn. Gen. Stat. § 54-130a (Pardons and certificates of rehabilitation): https://law.justia.com/codes/connecticut/2023/title-54/chapter-961/section-54-130a-formerly-sec-18-26-x002a-see-end-of-section-for-amended-version-and-effective-date/
• Connecticut Board of Pardons and Paroles — Pardon FAQs: https://portal.ct.gov/BOPP/Pardon-Division/Pardon/Pardon-FAQs
• Clean Slate Connecticut — About the Program: https://portal.ct.gov/cleanslate/about-the-program
• The Clean Slate Initiative — CT Implementation: https://www.cleanslateinitiative.org/updates/ct-implementation
• CT Mirror — Clean Slate Implementation Delay (March 2024): https://ctmirror.org/2024/03/26/ct-clean-slate-law-full-implementation/
• CBIA — Employer Obligations under Clean Slate Law: https://www.cbia.com/news/featured/clean-slate-employer-obligations/
• Collateral Consequences Resource Center — Connecticut Restoration of Rights: https://ccresourcecenter.org/state-restoration-profiles/connecticut-restoration-of-rights-pardon-expungement-sealing/
• OLR Report — Removing Felony Convictions: https://www.cga.ct.gov/2014/rpt/2014-R-0049.htm