In CT I was 'arrested' for Breach of Peace in 2010. As you know, in CT you receive a summons and I was not formally booked at the station for a charge. Therefore, no fingerprinting or anything happened.
I understand this is still considered an arrest. The prosecutor ended up entering a 'nolle prosequi' for the charges (I had applied for Accelerated Rehabilitation, but ended up not needing it). Therefore, 13 months went by with no further issues.
I understand the arresting agency (local PD) is supposed to expunge these records, including police reports and arrest (RAP sheet). Do you know if most agencies are good about communicating this expungement to the FBI?
Thank you in advance.
Just to be clear, the criminal charge of Breach of Peace is dismissed from the judicial branch records 13 months and one day from the date the nolle was entered in your case. The records from the arresting police dept are not expunged or destroyed unless a "Motion for Erasure of Records" is granted by the court and a certified copy of the court order is forwarded to the arresting police dept as well as the State Police Records Dept. If you were not fingerprinted you were probably not given a FBI # and therefore no information relating to the arrest was forwarded to the FBI.
Atty. Thygerson is correct. In addition to his comments, please note that Conn. General Statutes allow for the erasure of charges that were nolled over 13 months ago (rendering them void and allowing one to "swear under oath" that he was never arrested); however, this only applies to State of Connecticut matters.... IT DOESN'T MEAN that the Federal Authorities, for example, if they were to ask you: "Have you ever been arrested?" wouldn't object. In other words, if you were applying for a federal job, and were asked if you've been arrested you must answer "yes", and explain that charges were dropped/dismissed, etc.
Attorney Bonanno's answers to questions are for general purposes only and do not establish an attorney-client relationship. You should carefully consider advice from an attorney hired and who has all facts necessary to properly advise a client, which is why these answers to questions are for general purposes only and do not establish an attorney-client relationship.
I have a slghtly different take on the current law then my esteemed brtheren (I think). I do not believe you need a motion to erase police recirds. I construe the current erasure statute to require police to erase upon the expiration of 13 months without any motion. I believe the current statute reads in part:
"Whenever any charge in a criminal case has been nolled in the Superior Court, or in the Court of Common Pleas, if at least thirteen months have elapsed since such nolle, all police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased."
I believe this clearly states police records must be erased as a matter of law. I usually send a letter to the local PD and they confrm back to me it has been done. This will not take away the FBI record if there is one. However, the COLLECT (CT Reporting) and NCIC (Nationwide reporting) systems requires the disposition be reported to the FBI.
This is not intended to create an attorney-client relationship. It is absolutely NOT legal advice that you should rely upon when making a decision. It is general information about the law in Connecticut. You need to consult with an attorney who will ask you all the facts necessary to give you specific legal advice for your situation.