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.
Attorney Salvatore Bonanno
Law Offices of Salvatore Bonanno
67 Russ Street, 1st Floor
Hartford, CT 06106
(860) 527-6500 Office
(860) 246-6786 Fax
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