(a)(1) Any person who has been convicted in any court in this state (A) (i) on October 1, 2015, or thereafter, and prior to July 1, 2021, or (ii) prior to January 1, 2000, of a violation of § 21a-279 for possession of a cannabis-type substance and the amount possessed was less than or equal to four ounces of such substance, (B) prior to July 1, 2021, of a violation of subsection (a) of § 21a-267, for use or possession with intent to use of drug paraphernalia to store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body cannabis, or (C) prior to July 1, 2021, of a violation of subsection (b) of § 21a-277 for manufacturing, distributing, selling, prescribing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person a cannabis-type substance and the amount involved was less than or equal to four ounces or six plants grown inside such person’s own primary residence for personal use may file a petition with the Superior Court at the location in which such conviction was effected, or with the Superior Court at the location having custody of the records of such conviction or if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice, in the Superior Court where venue would currently exist for criminal prosecution, for an order of erasure.

Terms Used In Connecticut General Statutes 54-142v

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.

(2) As part of such petition, such person shall include a copy of the arrest record or an affidavit supporting such person’s petition that, in the case of a violation of § 21a-279, such person possessed four ounces or less of a cannabis-type substance for which such person was convicted, in the case of a violation of subsection (a) of § 21a-267, such person used or possessed with intent to use such drug paraphernalia only to store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body cannabis or in the case of a violation of subsection (b) of § 21a-277, such person manufactured, distributed, sold, prescribed, compounded, transported with the intent to sell or dispense, possessed with the intent to sell or dispense, offered, gave or administered to another person less than or equal to four ounces of a cannabis-type substance or six cannabis plants grown inside such person’s own primary residence for personal use.

(3) If such petition is in order, the Superior Court shall direct all police and court records and records of the state’s or prosecuting attorney pertaining to such offense to be erased pursuant to the provisions of § 54-142a.

(4) No fee may be charged in any court with respect to any petition under this subsection.

(b) The provisions of this section shall not apply to any police or court records or records of the state’s or prosecuting attorney pertaining to such offense (1) while the criminal case is pending, or (2) in instances where the case contains more than one count, until the records pertaining to all counts are entitled to erasure, except that when the criminal case is disposed of, electronic records or portions of electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section.

(c) For the purposes of this section, “court records” shall not include a record or transcript of the proceedings made or prepared by an official court reporter, court recording monitor or any other entity designated by the Chief Court Administrator.