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Expungement, Erasure of Criminal Records After a DUI Convection

I take it you want to erase destroy or otherwise get rid of any evidence of any charges against your clients as soon and as thoroughly as possible. There are different timelines for different involved agencies.

Pursuant to the pretrial alcohol education statute, upon successful completion of the program, the charges may be dismissed. Conn. Gen. Stat. § 54-56g(b). The date of dismissal is important because it triggers the timing of other events. You may move for dismissal as soon as your client “satisfactorily completes the assigned program.” The Court will review the evidence submitted by the Court Support Services Division and dismiss if it finds that the program was satisfactorily completed.

1. Once a charge is dismissed and the time for appeal has passed, all police records, court records, and record of any state’s attorney pertaining to the dismissed charge shall be erased (this does not apply to dismissal due to insanity or incapacity). Conn. Gen. Stat. §54-142a(a). The appeal period is currently 20 days from date of dismissal. CT R. App. Prac. §63-1(a).
2. In connection with the erasure of criminal records:
   1. the actual physical destruction of records cannot take place until three years after the date of final disposition of the criminal case to which the records pertain. Conn. Gen. Stat. § 54-142a (e)
   2. there is no fee for a petition for erasure; Conn. Gen. Stat. § 54-142a (e)
   3. once the records have been erased, the person is deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings erased and may so swear under oath. Conn. Gen. Stat. § 54-142a (e) (Note: there is a potential conflict with 54-56g where a defendant has to swear that he has not been convicted of violating 14-227a within 10 years --- the records could have been erased prior to that if he was a first time offender who went through the AEP)
   4. erasure cannot be requested until all counts in the information or indictment are subject to erasure. Conn. Gen. Stat. § 54-142a (g)
   5. “court records” do not include transcripts. Conn. Gen. Stat. § 54-142a (h)
3. Within two years of dismissal, court or law enforcement agency can disclose to any victim that the case was dismissed. Erased information cannot be disclosed unless victim or legal rep applies for release on basis that a related civil action has or will be brought. Conn. Gen. Stat. § 54-142c.
4. The Court Support Services Division must forward a record of successful participation to the Department of Motor Vehicles. The Court Support Services Division must retain a copy of the record of participation for seven years from the date of application to the program. (Conn. Gen. Stat. § 54-56g(b)). There is no requirement that the records be destroyed, but you can ask.
5. The Department of Motor Vehicles must also retain the record of a person’s participation in the program as part of the person’s driving record for a period of seven years. Based on the plain language of the statute, the seven year period would accrue at the time the Department of Motor Vehicles receives the record of completion from the Court Support Services Division. This would not appear to be the same seven year period as that of the Court Support Services Division. (Conn. Gen. Stat. § 54-56g(b)). Again, there is no requirement that the records be destroyed, but you can ask.
6. Any criminal charge that has been nolled, can have police, court, and state’s attorneys records erased when at least 13 months have passed from the entry of the nolle. Conn. Gen. Stat. § 54-142a(c)
7. If the prosecuting attorney requests a continuance, and then no further prosecution or other disposition takes place for at least 13 months from the date of the grant of continuance, the charge is considered nolled and the records can be erased upon a petition for erasure. Conn. Gen. Stat. § 54-142a(c).
8. (I expect this will not apply too often) A law enforcement agency must review records containing uncorroborated allegations of criminal activity one year after the record was created. If the criminal activity cannot be corroborated within 90 days of the start of the review, the law enforcement agency must destroy the records. (Conn. Gen. Stat. § 1-216)

If you are lucky enough to have a client pardoned, police, court, and state attorney’s files can be erased as of the date of the pardon. Conn. Gen. Stat. § 54-142a(d).

A Sample Timeline for a Simple Case where defendant has applied for and successfully completed the pretrial alcohol education program:

1. As soon as AEP is successfully completed, file Motion for Dismissal of 14-227a charges.
2. After you receive a judgment of dismissal and appeal time has passed, petition for erasure of police records, court records and record of any state’s attorney.
3. Once motion for erasure is granted, advise your client he need no longer disclose existence of arrest for charges of DUI in any situation. This applies even when he is under oath – he can swear he was not arrested/convicted of the erased charges (he does still need to disclose AEP participation, however).
4. Three years after expiration of appeal time, petition for physical destruction of records.
5. Seven years after date of application for AEP, petition for destruction of Court Support Services Division record of AEP participation.
6. Seven years after you think Dept of Motor Vehicles was notified of successful AEP, petition for destruction of DMV records concerning AEP completion.

A search for forms of “expunge” near “records” turned up only these results, only one of which has bearing in a criminal context:

1. Conn. Gen. Stat. §7-27b regarding Social security numbers;
2. Conn. Gen. Stat. §10-233c regarding expunging student disciplinary action from a student’s education record; and
3. Conn. Gen. Stat. §10-233d regarding expunging student firearm violation from a student’s education record; and
4. Conn. Gen. Stat. §54-102l:
   A person whose DNA profile has been included in the data bank pursuant to sections 54-102g to 54-102k, inclusive, may request expungement on the grounds that the criminal conviction on which the authority for including his DNA profile was based has been reversed and the case dismissed. The state police forensic science laboratory shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of (1) a written request for expungement pursuant to this section and (2) a certified copy of the court order reversing and dismissing the conviction.

File after successful completion of alcohol education program. The court has to review something from the Court Support Services Division, but the statutes don’t say how to get that in front of the court. You might want to check with Court Support Services to see if there is something you can simply attach to the Motion for Dismissal.

Sec. 1-216. (Formerly Sec. 1-20c). Review and destruction of records consisting of uncorroborated allegations of criminal activity.

More information on the laws that deal with Erasure and Expungement.

Expungement
The erasing of a criminal conviction off ones records.

Connecticut Board of Pardons and Paroles
Connecticut's state agency that deals with pardons, paroles and the expungement of records.