Signed by Governor Ned Lamont

Vote Smart's Synopsis:

Vote to amend and pass a bill that rescinds the criminal records of 300,000 persons who have committed low-level felonies and misdemeanors.

Highlights:

• Prohibits the Board of Pardons and Parole from denying an application for a pardon, unless the board provides a statement in writing to the applicant of the factors considered when determining whether the applicant qualified for the pardon and an explanation as to which factors were not satisfied (Sec. 2.g).

• Prohibits convictions for the following offenses from being eligible for erasure (Sec. 3-2):

• Any conviction designated as a family violence crime; or

• Any offense that is a nonviolent sexual offense or a sexually violent offense.

• Requires whenever a person was convicted of one or more misdemeanors committed while such person was under 18 years of age, and the offense or offenses occurred on or after January 1, 2000, and before July 1, 2012, all police and court records and records of the state's or prosecuting attorney to be (Sec. 3.f-1):

• Erased, if such record is in an electronic record other than a scanned copy of a physical document, or

• Deemed erased by operation of law if such record is a scanned copy of a physical document or another record that is not electronic.

• Authorizes the commissioner to waive fees for any applicant requesting a criminal history record information search to apply for a pardon, provided such applicant completes a form prescribed by the Department of Emergency Services and Public Protection representing such person's indigency (Sec. 7-2).

• Classifies "erased criminal history record information" as the following (Sec. 9-4): 

• Criminal history record information that has been erased;

• Information relating to persons granted youthful offender status; and

• Continuances of a criminal case that are more than 13 months old;

• Establishes it is a discriminatory practice for any person to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of this state or the United States, on account of a person's erased criminal history record information (Sec. 11).

• Requires the authority to ensure that occupancy of all housing financed or otherwise assisted under this law be open to all persons regardless of race, creed, color, national origin or ancestry, sex or gender identity or expression, or erased criminal history record information (Sec. 13).

• Prohibits an employer or employer's agent, representative, or designee from requiring an employee or prospective employee to disclose the existence of erased criminal history record information (Sec. 15.c).

• Authorizes an employee or prospective employee to file a complaint with the Commission on Human Rights and Opportunities or bring an action in the Superior Court against the employer for violating this law for declaratory or injunctive relief, damages, or any other remedy available under law, at the sole election of the employee or prospective employee (Sec. 15.j).

• Prohibits a life insurance company from demanding or requiring greater premiums from persons with erased criminal history record information than such as are at that time required by that company from persons without erased criminal history record information of the same age, sex, general conditions of health and hope of longevity (Sec. 28-3).

• Specifies nothing in this section can be construed to permit any employer to refuse to hire or employ or to bar or to discharge from employment or to discriminate against an individual in compensation or terms based on that person's erased criminal history record information (Sec. 30).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that rescinds the criminal records of 300,000 persons who have committed low-level felonies and misdemeanors.

Highlights:

• Prohibits the Board of Pardons and Parole from denying an application for a pardon, unless the board provides a statement in writing to the applicant of the factors considered when determining whether the applicant qualified for the pardon and an explanation as to which factors were not satisfied (Sec. 2.g).

• Prohibits convictions for the following offenses from being eligible for erasure (Sec. 3-2):

• Any conviction designated as a family violence crime; or

• Any offense that is a nonviolent sexual offense or a sexually violent offense.

• Requires whenever a person was convicted of one or more misdemeanors committed while such person was under 18 years of age, and the offense or offenses occurred on or after January 1, 2000, and before July 1, 2012, all police and court records and records of the state's or prosecuting attorney to be (Sec. 3.f-1):

• Erased, if such record is in an electronic record other than a scanned copy of a physical document, or

• Deemed erased by operation of law if such record is a scanned copy of a physical document or another record that is not electronic.

• Authorizes the commissioner to waive fees for any applicant requesting a criminal history record information search to apply for a pardon, provided such applicant completes a form prescribed by the Department of Emergency Services and Public Protection representing such person's indigency (Sec. 7-2).

• Classifies "erased criminal history record information" as the following (Sec. 9-4): 

• Criminal history record information that has been erased;

• Information relating to persons granted youthful offender status; and

• Continuances of a criminal case that are more than 13 months old;

• Establishes it is a discriminatory practice for any person to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of this state or the United States, on account of a person's erased criminal history record information (Sec. 11).

• Requires the authority to ensure that occupancy of all housing financed or otherwise assisted under this law be open to all persons regardless of race, creed, color, national origin or ancestry, sex or gender identity or expression, or erased criminal history record information (Sec. 13).

• Prohibits an employer or employer's agent, representative, or designee from requiring an employee or prospective employee to disclose the existence of erased criminal history record information (Sec. 15.c).

• Authorizes an employee or prospective employee to file a complaint with the Commission on Human Rights and Opportunities or bring an action in the Superior Court against the employer for violating this law for declaratory or injunctive relief, damages, or any other remedy available under law, at the sole election of the employee or prospective employee (Sec. 15.j).

• Prohibits a life insurance company from demanding or requiring greater premiums from persons with erased criminal history record information than such as are at that time required by that company from persons without erased criminal history record information of the same age, sex, general conditions of health and hope of longevity (Sec. 28-3).

• Specifies nothing in this section can be construed to permit any employer to refuse to hire or employ or to bar or to discharge from employment or to discriminate against an individual in compensation or terms based on that person's erased criminal history record information (Sec. 30).

Full Bill Text