Q: I was arrested and the charges were dismissed if the record is expunged can the government ever retrieve or resserect it
I have been told that an expungement means all court documents relating to an arrest are destroyed, however I have also been told that they still exist in some form. For example in extreme circumstances the courts can find the records again. My state is Connecticut, thank you for your help.
A:
Pursuant to Connecticut General Statutes § 54-142d (the Erasure Statute), once your charges are dismissed, then are no longer available to the public. In fact, Connecticut General Statutes §54-142e allows someone to swear under oath that they were never arrested. That being said, the court can always find those records in order to confirm how a case was disposed; for example, if your charges were dismissed because you utilized a diversionary program that can only be used once, AND you attempted to use the program a 2nd time, the court would need to be able to view limited documents to confirm how the previously dismissed case was resolved.
Take care,
Attorney Salvatore Bonanno
Law Offices of Salvatore Bonanno
67 Russ Street, 1st Floor
Hartford, CT 06106
(860) 527-6500 Office
(860) 246-6786 Fax
www.hartfordlaw.net
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
