Whenever any child has been convicted as delinquent, has been adjudicated a member of a family with service needs or has signed a statement of responsibility admitting to having committed a delinquent act, and has subsequently been discharged from the supervision of the Superior Court or from the custody of the Department of Children and Families or from the care of any other institution or agency to whom the child has been committed by the court, such child, or the child’s parent or guardian, may file a petition with the Superior Court. The Court Support Services Division shall provide written notice concerning the erasure of certain records to any such child and the child’s parent or guardian when (1) such child is so discharged, and (2) upon such child’s eighteenth birthday if such child was younger than eighteen years of age when so discharged. Such notice shall provide that such child, parent or guardian may petition the Superior Court for such erasure pursuant to this section. If, upon the filing of such petition, such court finds (A) (i) that at least two years or, in the case of a child convicted as delinquent for the commission of a serious juvenile offense, four years have elapsed from the date of such discharge, (ii) that no subsequent juvenile proceeding or adult criminal proceeding is pending against such child, (iii) that such child has not been convicted of a delinquent act that would constitute a felony or misdemeanor if committed by an adult during such two-year or four-year period, (iv) that such child has not been convicted as an adult of a felony or misdemeanor during such two-year or four-year period, and (v) that such child has reached eighteen years of age, or (B) that such child has a criminal record as a result of being a victim of conduct by another person that constitutes a violation of § 53a-192a or a criminal violation of 18 USC chapter 77, the court shall order all police and court records pertaining to such child to be erased. Upon the entry of such an erasure order, all references including arrest, complaint, referrals, petitions, reports and orders, shall be removed from all agency, official and institutional files, and a finding of delinquency or that the child was a member of a family with service needs shall be deemed never to have occurred. The persons in charge of such records shall not disclose to any person information pertaining to the record so erased, except that the fact of such erasure may be substantiated where, in the opinion of the court, it is in the best interests of such child to do so. No child who has been the subject of such an erasure order shall be deemed to have been arrested ab initio, within the meaning of the general statutes, with respect to proceedings so erased. Copies of the erasure order shall be sent to all persons, agencies, officials or institutions known to have information pertaining to the delinquency or family with service needs proceedings affecting such child. Whenever a child is dismissed as not delinquent or as not being a member of a family with service needs, all police and court records pertaining to such charge shall be ordered erased immediately, without the filing of a petition. Nothing in this section shall prohibit the court from granting a petition to erase a child’s records on a showing of good cause, after a hearing, before the time when such records could be erased.

Terms Used In Connecticut General Statutes 46b-146

  • another: may extend and be applied to communities, companies, corporations, public or private, limited liability companies, societies and associations. See Connecticut General Statutes 1-1
  • Arrest: Taking physical custody of a person by lawful authority.
  • Child: means any person under eighteen years of age who has not been legally emancipated, except that (A) for purposes of delinquency matters and proceedings, "child" means any person who (i) is at least ten years of age at the time of the alleged commission of a delinquent act and who is (I) under eighteen years of age and has not been legally emancipated, or (II) eighteen years of age or older and committed a delinquent act prior to attaining eighteen years of age, or (ii) is subsequent to attaining eighteen years of age, (I) violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to a delinquency proceeding, or (II) wilfully fails to appear in response to a summons under §. See Connecticut General Statutes 46b-120
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Delinquent act: means (A) the violation by a child under the age of sixteen of any federal or state law, except a first or second offense under subdivision (1) of subsection (b) of §. See Connecticut General Statutes 46b-120
  • Family with service needs: means a family that includes a child who is at least seven years of age and is under eighteen years of age who, according to a petition lawfully filed on or before June 30, 2020, (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of the child's parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, or (D) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child. See Connecticut General Statutes 46b-120
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Serious juvenile offense: means (A) the violation of, including attempt or conspiracy to violate, §. See Connecticut General Statutes 46b-120