Sec. 46b-146. (Formerly Sec. 51-327). *(See end of section for amended version and effective date.) Erasure of police and court records.
Sec. 46b-146. (Formerly Sec. 51-327). *(See end of section for amended version
and effective date.) Erasure of police and court records. Whenever any child has
been found delinquent or a member of a family with service needs, 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 he has been committed by the court, such child, his parent or guardian, may
file a petition with the Superior Court and, if such court finds 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, that no subsequent
juvenile proceeding has been instituted against such child, that such child has not been
found guilty of a crime and that such child has reached sixteen years of age within such
period, it 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.
(1969, P.A. 794, S. 4; 1971, P.A. 204; P.A. 76-436, S. 30, 681; P.A. 77-452, S. 25, 72; P.A. 89-273, S. 6; P.A. 93-91,
S. 1, 2; P.A. 95-225, S. 27; P.A. 98-256, S. 7.)
*Note: On and after January 1, 2010, this section, as amended by section 80 of public
act 07-4 of the June special session, is to read as follows:
"Sec. 46b-146. (Formerly Sec. 51-327). Erasure of police and court records.
Whenever any child has been found to be delinquent or a member of a family with
service needs, or has signed a statement of responsibility admitting to having committed
a delinquent act or being a member of a family with service needs, 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 and, if such court finds 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, that
no subsequent juvenile proceeding has been instituted against such child, that such child
has not been found guilty of a crime and that such child has reached sixteen years of
age within such period, it 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."
(1969, P.A. 794, S. 4; 1971, P.A. 204; P.A. 76-436, S. 30, 681; P.A. 77-452, S. 25, 72; P.A. 89-273, S. 6; P.A. 93-91,
S. 1, 2; P.A. 95-225, S. 27; P.A. 98-256, S. 7; June Sp. Sess. P.A. 07-4, S. 80.)
History: 1971 act made special provision requiring that records be erased immediately when child is dismissed as not
delinquent, where previously same provisions applied for dismissal or adjudication as delinquent and added exception re
substantiation of erasure; P.A. 76-436 replaced juvenile court with superior court and specified that erasure occurs if child
has not been found guilty of a crime and he has reached age 16 within two years after his discharge, effective July 1, 1978;
P.A. 77-452 made no changes; Sec. 17-72a temporarily renumbered as Sec. 51-327 and ultimately transferred to Sec. 46b-146 in 1979, see note to Sec. 17-72a; P.A. 89-273 made provisions of section applicable to a child who is a member of a
family with service needs; P.A. 93-91 substituted commissioner and department of children and families for commissioner
and department of children and youth services, effective July 1, 1993; P.A. 95-225 increased from two years to four years
the period of time that must elapse from the date of discharge; P.A. 98-256 specified that provision requiring four years
to elapse from the date of discharge prior to erasure applied "in the case of a child convicted as delinquent for the commission
of a serious juvenile offense" and established a period of two years for all other cases; June Sp. Sess. P.A. 07-4 added "or
has signed a statement of responsibility admitting to having committed a delinquent act or being a member of a family
with service needs", inserted "to be" re found delinquent and made technical changes, effective January 1, 2010.
Cited. 206 C. 346. Cited. 214 C. 454. Cited. 229 C. 691. Cited. 237 C. 364.
Cited. 1 CA 584. Cited. 21 CA 654.