A criminal conviction can have long-lasting consequences that impact almost every aspect of your life, including where you live, where you work, your immigration status, and more. Fortunately, there is a way to clear your criminal record if enough time has passed and you have not been charged with another crime since your last arrest.
Criminal record expungement is a legal process that seals your record from public view. Once you have had your record expunged, you can answer in all but a few limited circumstances that you do not have a criminal record. If your expungement is successful, your criminal record will be erased almost as though it never occurred.
Expungement, known in Connecticut as a “pardon,” is a legal process that allows an individual to have their criminal record sealed from public view. This means most employers, landlords, and members of the public will not be able to see your criminal record on a background check. Your criminal record will be removed from public records, and, in most situations, you can lawfully say you were not convicted. In many cases, criminal record expungement will improve your opportunities for jobs, housing, education, and many professional licenses.
In Connecticut, any criminal offense can be expunged, as long as enough time has passed.
Certain criminal offenses qualify for automatic expungement. Under Connecticut’s Clean Slate Law, misdemeanor offenses are erased seven years after a court entered the individual’s most recent judgment of conviction. Class D felonies, Class E felonies, and unclassified felonies with a term of imprisonment of five years or less will be erased ten years from the date the court entered the person’s most recent judgment of conviction.
When criminal offenses do not qualify for automatic expungement, an individual may be eligible to seek an absolute or provisional pardon. An absolute pardon effectively erases a conviction from your criminal record. A provisional pardon, also called a “certificate of employability,” does not remove convictions from your record. Instead, it provides you with an official state document stating that you should not be denied a job or license because of your criminal history. It makes it illegal for a potential employer to deny you a position based on your criminal history alone.
Absolute and provisional pardons are granted at the discretion of the Connecticut Board of Pardons. The decision of the Connecticut Board of Pardons is final and cannot be appealed. However, you can reapply for a pardon in the future.
Applying for a pardon can be a time-consuming and complicated process. But, if your petition is successful, your criminal record will no longer appear on a standard criminal background check, and you can lawfully state that you do not have a criminal record. Your criminal record will still be available to law enforcement agencies and the courts, but it will no longer be part of the public record.
To apply for an absolute pardon, you must wait until at least 3 years have passed since a misdemeanor and 5 years since a felony conviction. You cannot have been convicted of a crime since the conviction you are trying to have expunged.
If you meet these criteria, you can request an absolute pardon by completing the following steps.
The Board of Pardons and Paroles decides whether to grant an application for an absolute pardon. Generally, the Board will consider:
Even with an otherwise clean record, a pardon is never guaranteed. In addition to gathering and submitting the required information, you will need to demonstrate that you meet the criteria for an absolute pardon.
While you are never required to hire an attorney, working with an experienced lawyer can simplify the process and improve your likelihood of success.
The Lebedevitch Law Firm can evaluate your circumstances to ensure you qualify, help you gather and complete the required documentation, and represent you at every step of the expungement process.
The Lebedevitch Law Firm is based in Fairfield, Connecticut, and works closely with Connecticut residents seeking to overcome past criminal convictions. We are proud to represent individuals in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.
Contact The Lebedevitch Law Firm today to schedule an appointment to discuss your situation and how we can assist you.
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