PETITION FOR ERASURE (EXPUNGEMENT) OF CRIMINAL RECORD
[CONNECTICUT SUPERIOR COURT – [JUDICIAL DISTRICT / G.A. NO. ___]]
| Docket No.: | [DOCKET NUMBER] |
|---|---|
| Petitioner: | [FULL LEGAL NAME] |
| Address: | [STREET ADDRESS, CITY, STATE ZIP] |
| Date of Birth: | [MM/DD/YYYY] |
| SSN (Last 4): | XXX-XX-[____] |
v.
| Respondent: | STATE OF CONNECTICUT |
[Effective Date: [DATE OF FILING]]
[// GUIDANCE: This template is intended for use in connection with petitions filed under Conn. Gen. Stat. § 54-142a et seq. for the erasure (often referred to colloquially as “expungement”) of criminal records in Connecticut. Confirm all facts, waiting periods, and statutory prerequisites before filing.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties (Affirmations)
V. Covenants & Restrictions
VI. Default & Remedies (Reserved)
VII. Risk Allocation (Not Applicable)
VIII. Dispute Resolution (Reserved)
IX. General Provisions
X. Execution Block
XI. Verification & Certification
XII. Proposed Order
I. DOCUMENT HEADER
- Parties. Petitioner [FULL LEGAL NAME] (“Petitioner”) hereby petitions this Court pursuant to Conn. Gen. Stat. § 54-142a and applicable Connecticut law for an order erasing the criminal records identified herein.
- Jurisdiction & Venue. This Court has subject-matter jurisdiction under Conn. Gen. Stat. § 54-142a and personal jurisdiction over the Petitioner and the records custodian(s). Venue is proper in this judicial district because the underlying criminal matter was adjudicated here.
- Background Recitals.
a. On [ARREST DATE], Petitioner was charged with [OFFENSE(S) & STATUTORY CITES], docket number [DOCKET NUMBER] (“Subject Case”).
b. The Subject Case concluded on [DISPOSITION DATE] with the disposition of [e.g., DISMISSAL/NOT GUILTY/NOLLE PROSEQUI/ABSOLUTE PARDON].
c. The statutory waiting period of [NUMBER] year(s)/month(s) required under Conn. Gen. Stat. § 54-142a has fully elapsed.
d. Petitioner meets all eligibility criteria for erasure under Connecticut law.
II. DEFINITIONS
For purposes of this Petition, the following terms have the meanings set forth below:
- “Erasure” means the administrative destruction of records or effective sealing thereof so that the occurrence of the arrest and any subsequent court proceedings are deemed never to have occurred, as contemplated by Conn. Gen. Stat. § 54-142a(a).
- “Eligible Offense” means an offense for which erasure is authorized under Conn. Gen. Stat. § 54-142a, including but not limited to (i) charges nolled for a period exceeding thirteen (13) months, (ii) charges resulting in acquittal or dismissal, and (iii) offenses for which the Petitioner has obtained an absolute pardon.
- “Waiting Period” means the statutory period that must elapse before a petition for erasure may be entertained, calculated from the date of the final disposition of the Subject Case, in accordance with Conn. Gen. Stat. § 54-142a(e).
- “Sealed Record Access” means limited statutory access to erased records by designated entities as set forth in Conn. Gen. Stat. § 54-142c.
III. OPERATIVE PROVISIONS
- Request for Relief. Petitioner respectfully requests that the Court enter an order:
a. Directing the erasure and/or destruction of all police, prosecutorial, and judicial records related to the Subject Case;
b. Ordering any agency in possession of such records to comply within thirty (30) days of service of the order; and
c. Granting such further relief as the Court deems just and proper. - Supporting Documentation. Petitioner files herewith:
a. Certified copy of the final disposition sheet;
b. Affidavit of Compliance with Waiting Period (Exhibit A);
c. Affidavit of No Pending Charges (Exhibit B); and
d. Proposed Order (Section XII). - Notice. Petitioner will serve a copy of this Petition and all supporting exhibits on the Office of the State’s Attorney and the arresting agency(ies) in compliance with Conn. Practice Book § 43-9A.
- Hearing Request. Petitioner requests that this matter be scheduled for hearing at the earliest convenient date pursuant to Practice Book § 43-9A(d).
IV. REPRESENTATIONS & WARRANTIES (AFFIRMATIONS)
Petitioner hereby affirms under penalty of false statement (Conn. Gen. Stat. § 53a-157b) that:
- All factual statements contained herein and in the attached exhibits are true and correct to the best of Petitioner’s knowledge and belief.
- Petitioner has no pending criminal charges in Connecticut or any other jurisdiction.
- Petitioner is not seeking to erase a conviction for which erasure is expressly prohibited by statute.
V. COVENANTS & RESTRICTIONS
- Cooperation Covenant. Petitioner shall promptly furnish any additional documentation the Court or State’s Attorney reasonably requests to verify eligibility.
- Compliance Covenant. If the Court grants the requested relief, Petitioner shall not represent to any person or entity that the erased offense never occurred until the order becomes effective and all agencies have confirmed compliance.
VI. DEFAULT & REMEDIES
Reserved – Not applicable to this litigation petition.
VII. RISK ALLOCATION
Indemnification, liability caps, and related provisions are inapplicable to this Petition and are therefore omitted.
VIII. DISPUTE RESOLUTION
All matters are subject to the jurisdiction of the Connecticut Superior Court as the court of original filing. Arbitration and jury trial waivers are not applicable.
IX. GENERAL PROVISIONS
- Amendment. Petitioner may amend this Petition with leave of Court.
- Severability. Should any provision herein be found unenforceable, the remainder shall continue in full force and effect to the maximum extent permitted by law.
- Integration. This Petition, together with all exhibits, constitutes the entire submission concerning the relief sought.
X. EXECUTION BLOCK
Respectfully submitted,
text
[PETITIONER NAME], Pro Se / By Counsel
[Counsel Name, Juris No. _____]
[Law Firm]
[Address]
[Telephone] | [Email]
Date: [DATE]
[// GUIDANCE: If counsel is signing, include attorney juris number and comply with electronic filing signature rules. If Petitioner is pro se, ensure compliance with self-represented party requirements.]
XI. VERIFICATION & CERTIFICATION
- Verification.
I, [PETITIONER NAME], being duly sworn, depose and say that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge and belief.
text
[PETITIONER NAME]
Subscribed and sworn to before me on this ___ day of _, 20_, at ____, Connecticut.
Notary Public / Commissioner of the Superior Court
My Commission Expires: _
2. Certificate of Service.
I hereby certify that a copy of the foregoing Petition and all supporting documentation was mailed or delivered electronically on this ___ day of _, 20__, to:
• Office of the State’s Attorney, [ADDRESS]
• [ARRESTING AGENCY], Records Division, [ADDRESS]
text
[NAME]
XII. PROPOSED ORDER
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DOCKET NO.: [__]
ORDER ON PETITION FOR ERASURE OF CRIMINAL RECORD
The foregoing Petition having been presented and the Court having found that all statutory requirements have been satisfied, it is hereby:
ORDERED: Pursuant to Conn. Gen. Stat. § 54-142a, all police, prosecutorial, and judicial records associated with the arrest and prosecution of Petitioner under Docket No. [__] are ERASED.
ORDERED: The Clerk of the Court shall, within thirty (30) days, transmit certified copies of this Order to the custodians of such records, who shall comply forthwith.
ORDERED: Access to any erased record shall be limited as provided in Conn. Gen. Stat. § 54-142c.
SO ORDERED.
Entered at [CITY], Connecticut this ___ day of ____, 20__.
Judge / Assistant Clerk
[// GUIDANCE: After the order is signed, follow up with each agency to confirm compliance. Retain proof of service for at least five (5) years.]