Sec. 46b-133a. Right to trial or dismissal upon nolle prosequi of delinquency charge. Erasure of records.
Sec. 46b-133a. Right to trial or dismissal upon nolle prosequi of delinquency
charge. Erasure of records. (a) A nolle prosequi may not be entered as to any count
of delinquency if the juvenile objects to the nolle prosequi and demands either a trial
or dismissal, except with respect to prosecutions in which a nolle prosequi is entered
upon a representation to the court by the juvenile prosecutor that a material witness has
died, disappeared or become disabled or that material evidence has disappeared or has
been destroyed and that a further investigation is therefore necessary.
(b) Whenever a nolle prosequi has been entered as to any count of delinquency, or
whenever any count of delinquency has been dismissed without prejudice, if at least
thirteen months have elapsed since such nolle or dismissal without prejudice, all police
and court records pertaining to such count shall be erased. Whenever any such count
has been continued at the request of the juvenile prosecutor and a period of thirteen
months has elapsed since the granting of such continuance during which period there
has been no prosecution or other disposition of the matter, the count shall be construed
to have been nolled as of the date of termination of such thirteen-month period and such
erasure may thereafter be effected as provided in this subsection for nolled cases.
(P.A. 84-369, S. 2; P.A. 95-225, S. 16; P.A. 98-256, S. 5.)
History: P.A. 95-225 replaced "court advocate" with "juvenile prosecutor"; P.A. 98-256 replaced "charge" with "count"
where appearing.
Subsec. (b):
Cited. 21 CA 654.