Connecticut
Restoration of Rights & Record Relief

Last updated: October 14, 2024

I. Loss & restoration of civil/firearms rights

A. Vote and Public Office

The rights to vote and hold public office are lost upon conviction of a felony and actual incarceration. Conn. Gen. Stat. § 9-46(a). Under Connecticut’s 2021 budget bill, the right to vote and hold public office are restored upon release from incarceration, making individuals on parole or confined in a community residence newly eligible to vote. See SB 1202, amending §§ 9-46, 9-46a. Prior to this 2021 legislation, restoration of the vote was different depending upon whether a person was convicted under Connecticut law or convicted under federal or out-of-state law.¹ Restoration of the right to vote results automatically in restoration of the right to hold public office. Id. §§ 9-46(b), 9-46a(b).

The Connecticut Commissioner of Correction is required to inform individuals incarcerated for Connecticut felonies of how their electoral rights are restored; and in addition to notify the Secretary of State, for transmission to local electoral boards, on a regular basis when such individuals are released from incarceration and thus regain their voting rights. Id. §§ 9-46a(d), (e).

B. Jury

The right to serve on a jury is lost if presently charged with a felony, convicted of a felony within the last three years, or presently incarcerated. Conn. Gen. Stat. § 51-217(a)(2). (The disqualification period was reduced in 2021 from seven years to three years by Public Act 21-170.) A pardon will relieve this disability earlier.

C. Firearms

A permit to carry a revolver or a pistol is prohibited to persons convicted of a felony or adjudicated delinquent for a “serious juvenile offense.” See Conn. Gen. Stat. §§ 29-28(b), 29-32 (revocation of permit); see also § 53a-217(a) (felony possession of firearm). See Conn. Gen. Stat. § 29-36f(b) (denial of certificate of eligibility to purchase a pistol or revolver). Firearms rights can be restored only through pardon.

D. Collateral Consequences Council

In 2019, pursuant to HB6921, Public Act No. 19-142, the legislature established the Council on the Collateral Consequences of a Criminal Record, as part of the Legislative Department, “to study discrimination faced by people in Connecticut living with a criminal record and develop recommendations for legislation to reduce or eliminate discrimination based on a person’s criminal history.” The Council is composed of high-ranking members of the legislature and the executive branch, of representatives of advocacy groups and unions, and is chaired by the “chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees.” It was charged with reporting with legislative recommendations no later than February 1, 2020. The reports of its various subcommittees is posted here.

II. Pardon policy & practice

A. Authority

Connecticut is the only state whose pardon p;rocess has been controlled by the legislature since colonial times. Over the years, the State has consistently retained a productive and accessible pardon process, and the number of grants in recent years has increased with a new authority to dispense with the requirement of a formal hearing in certain less serious cases. See “Frequency of Grants,” below. The Board now also dispenses a lesser form of relief (certificate) aimed at employment and licensing barriers.

Pardons are issued by the Board of Pardons and Paroles, an autonomous state agency with administrative support provided by the Department of Correction. Conn. Gen. Stat. § 54-124a(f).² The Board consists of ten full-time and five part-time members appointed by the Governor, with the advice and consent of both houses of the General Assembly. Conn. Gen. Stat. § 54-124a(a). The Governor appoints the chair. Five members consider pardon applications exclusively, seven members consider paroles and the chair does both. Id. The Governor has limited power to grant reprieves after conviction. Conn. Const. art. 4, § 13. See www.ct.gov/doc/bopp for information about Board policies and procedures. See also OLR Research Report No. 2023-R-0161(“Board of Pardons and Paroles”).

The Board offers two types of pardon: an absolute or “expungement” pardon, and a lesser form of relief originally styled a “provisional pardon” and since 2015 called a “Certificate of Rehabilitation” (or “Certificate of Employability” on the Board’s website). See application form. See also OLR Research Report No. 2023-R-1061, supra; Part III(K)(“Certificates of Employability”).

A “Certificate of Employability” (COE ) is described as “a form of relief from barriers or forfeitures to employment or the issuance of licenses” whose legal effect is the same as a provisional pardon, and which now substitutes for that relief. See Conn. Gen. Stat. § 54-130a(b). The COE is subject to different procedures, and is also available from the Court Support Services Division (CSSD) to individuals under the court’s supervisory jurisdiction. Conn. Gen. Stat. § 54-130a(b). By statute, both a provisional pardon and a COE share the same eligibility requirements, offer the same relief, and are subject to expansion and revocation under the same circumstances and to the same effect.³ A COE is awarded after a review by a panel of the Board, but no hearing is required.

While applicable statutes continue to authorize both provisional pardons and Certificates of Rehabilitation, the Board now uses the terminology Certificate of Employability, giving rise to a certain amount of confusion on the part of those unfamiliar with the Board’s policies and procedures.

Commutations have been infrequent in Connecticut since state courts have general sentence modification authority, although commutations have occasionally been granted to make people eligible for parole. In 2021 the Board launched a policy of encouraging commutations of lengthy sentences imposed in the 1990s, and more than 100 prison sentences were commuted in 2021 and 2022, but this policy was paused (and the Board chair removed) after Governor LaMont “bowed to Republican furor.” Kelan Lyons, Connecticut’s new commutation policy raises the bar for second chances, Ct. Mirror, September 12, 2023.

B. Eligibility

Absolute Pardon

May be sought five years after conviction for felonies, three for misdemeanors. Eligibility period may be waived in “extraordinary circumstances.” Persons convicted under federal law or the laws of another state are ineligible for an absolute pardon. Conn. Gen. Stat. § 54-130a(c) (referring to jurisdiction over crimes “against the state”). According to the website of the Board of Pardons and Paroles (last accessed July 12, 2021), “Additionally, you cannot be on any form of supervision when applying for an Absolute Pardon, have any pending charges or open cases in any other jurisdiction (state or federal).” Further, “If you have a case that was “nolled,” you are not eligible to apply for any type of pardon until the nolle has cleared. A nolle remains for a period of thirteen (13) months after the date of disposition by the court.”

Payment of court debt: While unpaid court debt has in the past been disqualifying, see https://portal.ct.gov/-/media/BOPP/Legacy-Files/OLDPARDAPP_DONOTUSE.pdf (last accessed Sept. 20, 2021), the board website has now deleted any mention of unpaid court debt from its eligibility criteria, leaving only the other three disqualifying criteria (pending charges, nolle within 13 months, and current supervision) in addition to the passage of time since conviction. See https://portal.ct.gov/BOPP/Pardon-Division/Pardon/Eligibility (last accessed Sept. 20, 2021). The board has discretion to grant or deny pardon, and while there is no mention of court debt in a long list of circumstances to be considered (e.g., rehabilitation, community service), the board is not prohibited from considering additional circumstances. https://portal.ct.gov/BOPP/Pardon-Division/Pardon/Pardon-FAQs.

C. Effect

Absolute Pardon (“expungement pardon”)

Relieves all legal disabilities, including those relating to employment and licensure, and results in “erasure” of court records relating to the offense. Conn. Gen. Stat. §§ 54-142a(d), (e) (see Part IIB below for effect of erasure). The Board’s website states that “Expungement of an applicant’s criminal record is achieved with an Absolute Pardon only.”

D. Procedures

Pardons

An application to the Board for a Pardon must describe the offense and reason for seeking a pardon. Applicatiion forms and instructions for both full and provisional pardons (Certificate of Rehabilitation or Certificate of Employability) are available on the Board’s website. Effective January 1, 2020, the Board will no longer accept paper applications, and all applications must be through the new e-Pardons portal. The waiting period for seeking pardon is five years from the date of conviction for a felony and three for a misdemeanor. Both the procedures and the rate of grants have changed dramatically in the last several years, with an increasing number of cases being processed through an expedited procedure without a hearing that was authorized by statute in 2015. See below.

Hearing procedure: For formal hearings, the board sits in panels of three, and must have a hearing at least once every three months. Conn. Gen. Stat. §§ 54-124a(e), (k). Applications are sent to the States Attorney, who may appear. Conn. Agencies Regs. § 54-124a(j)(2)-6. Board members assigned to pardon hearings must issue written statements containing the reasons for rejecting any application for a pardon. Conn. Gen. Stat. §§ 54-124a (j)(3); Conn. Agencies Regs. § 54-124a (j)(3)-1. Applicant generally are expected to appear.

Expedited proceeding without a hearing for nonviolent crimes: In 2015 Public Act 15-2 authorized the Board to establish an Expedited Pardon Review Process to dispense with the requirement of a formal in-person hearing in cases of nonviolent crimes. The chair, in consultation with the executive director, is authorized by Conn. Gen. Stat. § 54-124a(j)(2) to promulgate rules. See Conn. Agencies Regs. §§ 54-124a (j)(2)-1a through 8a (expedited pardons process). The waiting period for seeking pardon of these felonies without a hearing is the same as ordinary pardons (five years from the date of conviction for a felony and three for a misdemeanor). Conn. Agencies Regs. § 54-124a(j)(2)-6a. At least two members of the Board must agree to grant a pardon without a hearing, and have discretion to require a full hearing depending upon the seriousness of the offense and other considerations. Id. § 54-124a (j)(2)-5a. In the four years since expedited proceedings were authorized, an increasing number of applications have been processed without a formal hearing, so that more than half of grants are now made without a hearing (see frequency of grants below).

Certificate of Employability – Procedures are described in Part III infra.

Assistance in applying

The Connecticut Pardon Team (CPT) is a private organization that since 2004 has provided assistance to individuals interested in applying for pardon, originally without cost and now for a modest fee. Its website contains helpful information about how to apply and qualify for a pardon. BOPP forms and regulations are available on the CPT website.

E. Frequency of Grants

The number of applications for various forms of pardon relief (including certificates of rehabilitation since 2015) has soared in recent years, from 393 in 2006 to 2143 in 2023, of which 1620 were deemed eligible that year. See Board statistics. According to Board staff, about half of all applications are from people with misdemeanors, and about half of all applications for absolute pardon are now being processed through the expedited procedures authorized in 2015 described above (without a formal hearing).

The overall grant rate of those eligible for both types of relief has increased steadily in the past eight years, from 62% in 2016 to more than 90% for the most recent three years (2020-2023), when a total of almost 4,000 applicants were granted full pardon. Applications for full pardon greatly outnumbered applications for COEs, with fewer than 100 COEs granted for the same three years (2020-2023). In the past eight years, COEs have decreased since 2016 (from 101 in 2016 and 30 in 2023). See the statistical information from 2016 through 2023 on the Board’s website.

See note in section A above on commutation policy and practice.

F. Contact

Pardon Unit, Board of Pardons and Paroles
55 West Main Street
Waterbury, CT 06072
Phone: (203) 805-6643 (Pardons Unit)
Fax: (203) 805-6652

III. Expungement, sealing & other record relief

A. Pardoned offenses

Conn. Gen. Stat. § 54-142a(d) provides that where an individual is granted an absolute pardon on or after October 1, 1974, “all police and court records and records of the state’s or prosecuting attorney pertaining to such case….shall be erased.” Thereafter, “any person [or law enforcement agency] charged with retention and control of such records,” may not disclose to anyone (including law enforcement) any information pertaining to the charge erased and, upon request of the subject of the records must “cause the actual physical destruction of such records.” Conn. Gen. Stat. § 54-142a(e); see also Doe v. Manson, 438 A.2d 859 (Conn. 1981) (holding not all prison records are “court records” subject to required destruction under § 54-142a). Although such physical destruction may not occur “until three years have elapsed from the date of the final disposition of the criminal case to which such records pertain,” upon erasure, the individual is “deemed to have never been arrested … with respect to the proceedings so erased and may so swear under oath.” Conn. Gen. Stat. § 54-142a(e); see also State v. Van Heck, 651 N.W. 2d 174, 177-79 (Mich. Ct. App. 2002) (describing effect of a Connecticut pardon).

Payment of court debt: See above section on pardon for discussion of whether court debt may be considered in determining qualification for pardon relief. Note that under the automatic erasure law enacted in 2021 discussed below, many misdemeanor convictions and some felony convictions will be sealed by operation of law without consideration of outstanding court debt. See Conn. Gen Stat. § 54-142a(e) (effective Jan. 1, 2023).

B. Youthful offenses

For certain offenses, a minor may be charged either as an adult or “youthful offender” in criminal court. If a person adjudicated as a “youthful offender” has been discharged from supervision and reaches the age of 21, the records are “automatically erased,” as long as the person was not subsequently convicted of a felony prior to reaching age 21. Conn. Gen. Stat. § 54-76o. Upon erasure, the person is deemed not to have been arrested, and all related references are removed from “all agency, official and institutional files.” The custodian of records may only disclose information to the record’s subject. Id.

C. Clean Slate (automatic relief)

In June 2021, Connecticut enacted Public Act 21-42, a “Clean Slate” law, which establishes a process to automatically erase records of most misdemeanor convictions and certain less serious felony convictions entered after January 1, 2000, after a specified period following the person’s most recent conviction for any crime (with an exception for certain drug possession crimes). Conn. Gen Stat.§ 54-142a(e).

Class D and E felonies are covered, as are unclassified felonies with up to 5-year prison terms. The bill excludes family violence crimes and offenses requiring sex offender registration. Under the bill, misdemeanors are eligible for erasure seven (7) years after the person’s most recent conviction for any crime; class D or E felonies or unclassified felonies with prison terms of five years or less are eligible after 10 years after the person’s most recent conviction. For offenses before January 1, 2000, the records are erased when the person files a petition on a form prescribed by the Office of the Chief Court Administrator. § 54-142a(e). Offenses committed prior to the person turning 18 are also automatically erased. § 54-142a(f).

Various provisions that now apply to erasure of non-conviction records also apply to erasure under this bill: no fee is charged, and partial expungement is available. That is, if the case contained multiple charges and only some are entitled to erasure, electronic records released to the public must be erased to the extent they reference charges entitled to erasure.

The bill prohibits various forms of discrimination based on criminal history record information that has been erased, such as in employment, public accommodations, the sale or rental of housing, the granting of credit, and several other areas. In several cases, it classifies discrimination based on these erased records as a “discriminatory practice” under the state human rights laws.

Payment of court debt: Because erasure is automatic after a period of time, outstanding court debt is not a barrier to erasure, although the debt is not eliminated. Conn. Gen Stat. § 54-142a(e).

Background screeners: The law requires all purchasers of court records, including background screening providers, to update their records on a regular basis. It extends these provisions to records of other agencies (State Police, DMV, Department of Correction).

D. Marijuana offenses

The marijuana legalization law enacted in 2021 included petition-based and automatic erasure provisions for specified marijuana offenses (SB 1201, secs. 8, 9), which are described below.

Petition-based relief: Effective July 1, 2022, persons may file a petition for an order of erasure in the superior court (either where the conviction occurred, with custody of the records, or where venue would exist for a criminal case) for possession of four ounces or less of cannabis obtained between October 1, 2015 and January 1, 2021, and prior to January 1, 2000. See Section 8 of SB 1201.

No fee may be charged for such a petition. As part of the petition, an arrest record or affidavit must be included to show the offense qualifies under these criteria. If the petition is “in order” the court “shall” direct all police, court, and prosecutor records to be erased pursuant to section 54-142a (“court records” as defined here do not include official transcripts). No waiting period is specified, except that erasure may not be ordered while the offense is pending or, if the case contains more than one count, until all counts are entitled to erasure. When the case is disposed, electronic or portions of electronic records otherwise entitled to erasure under this section, shall be erased.

Automatic relief: Effective Jan. 1, 2023, all records of arrest and convictions of possession of four ounces or less of cannabis under section 21a-279(c)(2015) between January 1, 2000 and October 1, 2015, shall be, pursuant to section 54-142a, automatically erased, if the records are electronic or “deemed erased by operation of law,” if the records are not electronic (“court records” as defined here do not include official transcripts). See Section 9 of SB 1201. This provision does not apply to records if the case contains more than one count, until all counts are entitled to erasure, except that electronic or portions of electronic records otherwise entitled to erasure under this section, shall be erased. “Electronic records” do not include scanned physical documents. Partial redaction of physical documents or scanned documents is not required. The DMV is not required to erase criminal history record information in a driving record. A person whose records are erased under this authority may represent to any entity other than a criminal justice agency that they have not been arrested or convicted.

E. Diversion and deferred adjudication

Accelerated Pretrial Rehabilitation: Pretrial diversion is authorized for crimes that are “not of a serious nature.” Class C felonies eligible only if the defendant can show “good cause.” Defendant may have no prior convictions involving violence. See Conn. Gen. Stat. § 54-56e. “Any defendant who makes application for participation in such program shall pay to the court an application fee of thirty-five dollars. No defendant shall be allowed to participate in the pretrial program for accelerated rehabilitation more than two times.” § 54-56e(b). If a defendant satisfactorily completes probation, the court shall dismiss such charges. Upon dismissal, “all records of such charges shall be erased pursuant to section 54-142a. ” § 54-56e(f).

The erasure provisions of Conn. Gen. Stat. § 54-142a also apply to several specific deferred adjudication and diversion programs. See Conn. Gen. Stat. § 29-33(h) (sale or transfer of pistols and revolvers); Conn. Gen. Stat. § 17a-692 et seq. (Suspended Prosecution or Conviction and Probation and Court-Ordered Treatment for Drug or Alcohol Dependency); § 46b-38c (Family Violence Education Program); § 53a-39c (Community Service Labor Program); § 54-56g (Pretrial Alcohol Education) and § 54-56i (Pretrial Drug Education Program); § 54-56j (Pretrial School Violence Prevention Program).

F. Victims of human trafficking

At any time after a judgment of conviction for any misdemeanor, a class C, D or E felony, or any unclassified felony carrying a term of imprisonment of not more than ten years, the defendant may apply to the court to vacate the judgment of conviction on the basis that, at the time of the offense, the defendant was a victim of trafficking in persons. (Before a 2021 law, only convictions for prostitution were eligible.) Victims of the offense must be given notice and the prosecutor must be given an opportunity to investigate. Conn. Gen. Stat. § 54-95c. For prostitution, the court “shall” vacate the judgement of conviction and dismiss the charge, and for other offenses, the court “may, in its discretion,” do so. Presumably this may lead to erasure as a non-conviction record.

G. Non-conviction records

Conn. Gen. Stat. § 54-142a provides general authority for “erasure” of criminal records where the charges against a person have been dismissed or a person has been acquitted, or where one or more charges have been nolled or continued by the prosecutor after a 13-month lapse. § 54-142a(a), (b), (c). Where the erasure statute applies, a court may proceed on its own motion to dismiss charges, and records will be automatically erased.

Moreover, discrimination in public employment or licensure based on non-conviction records is prohibited: “In no case may records of arrest, which are not followed by a conviction, or records of convictions, which have been erased, be used, distributed or disseminated by the state or any of its agencies in connection with an application for employment or for a permit, license, certificate or registration.” § 46a-80(e).

Partial erasure: Where a charging document involves more than one count, not all of which result in a conviction, erasure of dismissed or acquitted counts is not permitted if those counts remain in the case at the time of its disposition. § 54-142a(g). On the other hand, counts in a multi-count charging document that were nolled prior to disposition may be erased. Id. In 2008 Connecticut enacted an exception to the rule against partial erasure of dismissed or acquitted charges in multi-count indictments, to permit erasure of such charges from “electronic records or portions of electronic records released to the public” (but not with respect to physical records). See Conn. Gen. Stat. § 54-142a(g):

(g) The provisions of this section shall not apply to any police or court records or the records of any state’s attorney or prosecuting attorney with respect to any information or indictment containing more than one count (1) while the criminal case is pending, or (2) when the criminal case is disposed of unless and until all counts are entitled to erasure in accordance with the provisions of this section, except that when the criminal case is disposed of, electronic records or portions of electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section.

H. Decriminalized conduct

Conn. Gen. Stat. § 54-142d authorizes erasure of convictions and other criminal records in cases where the charges resulting in conviction have been decriminalized. See State v. Spielberg, 323 Conn. 756, 762–63, 150 A.3d 1118, 1121 (2016) (holding that, unlike the general rules of erasure set forth in § 54-142a, discussed in the preceding section, § 54–142d authorizes complete erasure in cases where the conviction was for conduct that has been decriminalized, even if charges dismissed in the case involved conduct that remains criminal, since § 54-142d contains no exception analogous to § 54-142a(g)).

I. Effect of erasure

Under Conn. Gen. Stat. § 54-142a(e), any person whose criminal records have been erased pursuant to that provision or youthful offender statutes, “shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.” See also Conn. Gen. Stat. § 31-51i(b), limitations on employer inquiries, below. In Martin v. Hearst, the federal court of appeals held that publishers could not be held liable in damages for refusing to remove from their internet site accounts of a woman’s arrest that had been erased, and that “the Erasure Statute does not render tortious historically accurate news accounts of an arrest.” See Martin v. Hearst Newspapers, 777 F.3d 546 (2d Cir. 2015). The court of appeals explained that the Erasure Statute was intended to operate in the context of the justice system, to prohibit disclosure by government agencies, to bar reliance on the arrest in any subsequent criminal proceeding, and to permit the person arrested to swear under oath that the arrest never occurred. However, it was not intended to create any duties on the part of private parties (notably including publishers) or create a cause of cause of action against them.

J. Juvenile records

Young persons adjudicated delinquent, adjudicated a member of a family with service needs or has signed a statement of responsibility admitting to having committed a delinquent act, may petition for “erasure” of their records two years after discharge for less serious offenses and four years after discharge for more serious offenses, with no intervening adjudications or convictions or pending charges; good cause waivers are available. § 46b-146. In addition, the person must be at least age 18. Id. A 2021 law requires the Court Support Services Division to provide written notice to any such young persons and their parent or guardian about the availability of erasure when the youth is discharged, and if they are younger than 18 at the time, also when the youth turns 18. § 46b-146.

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.

Id. Erasure is immediate upon dismissal of the charges, and may be entered 13 months after a decision not to prosecute. § 46b-133a(b).

K. Certificates of Employability

A “Certificate of Rehabilitation” (also styled by the Board of Pardons and Parole as a “Certificate of Employability,” or COE) is described as “a form of relief from barriers or forfeitures to employment or the issuance of licenses” whose legal effect is the same as a provisional pardon, and which now substitutes for that relief. See Conn. Gen. Stat. § 54-130a(b). COEs are forms of lesser relief intended for cases that do not yet qualify for a full pardon, where individuals are seeking relief from legal barriers to employment and/or licensure. The COE is subject to different procedures and is also available from the Judicial Branch Court Support Services Division (JB-CSSD) to individuals under the court’s supervisory jurisdiction. Conn. Gen. Stat. § 54-130a(b). A certificate must be styled either a “certificate of employability” or a “certificate of suitability for licensure,” or both, depending on the scope of relief afforded. § 54-130e(b). A certificate is awarded after a review by a panel of the Board, but no hearing is required.

Eligibility

Certificates may be sought at any time after sentencing, if (1) the person was convicted of a crime in Connecticut or another jurisdiction and resides in the state (2) the relief in the provisional pardon may promote the public policy of rehabilitating people through employment and (3) the relief is consistent with the public’s interest in safety and protecting property. Id. §§ § 54-130e(a)(2), (c), (d). Individuals convicted under federal law or the law of another state are eligible for a provisional pardon or COE if they reside or do business in the state.

According to the Board of Pardons and Paroles (last accessed April 4, 2024), a person is not eligible if they are incarcerated; had a case “nolled” in the previous 13 months; or are currently on probation and have more than 90 days of supervision left, in which case they must apply through their probation officer. Further, if a person “recently successfully completed [their]” sentence (discharged,)” they must not currently be under supervision, have no new arrests and have been in the community at least 90 days. Additionally, if a person is on parole or special parole, they must have successfully completed at least 90 days of supervision.

Effect

Certificate of Rehabilitation/Employability

The legal effect of a COE or provisional pardon is set forth in Conn. Gen Stat, § 54-130e(b):

The Board of Pardons and Paroles may issue a provisional pardon or a certificate of rehabilitation to relieve an eligible offender of barriers or forfeitures by reason of such person’s conviction of the crime or crimes specified in such provisional pardon or certificate of rehabilitation. Such provisional pardon or certificate of rehabilitation may be limited to one or more enumerated barriers or forfeitures or may relieve the eligible offender of all barriers and forfeitures. Such certificate of rehabilitation shall be labeled by the board as a “Certificate of Employability” or a “Certificate of Suitability for Licensure”, or both, as deemed appropriate by the board. No provisional pardon or certificate of rehabilitation shall apply or be construed to apply to the right of such person to retain or be eligible for public office.

“Barriers” and “forfeitures” are defined in § 54-130e(a) as mandatory automatic collateral penalties, so that the effect of a provisional pardon or certificate of rehabilitation is to remove mandatory barriers and allow individualized consideration under the standards set forth in Connecticut’s nondiscrimination statute. When given individualized consideration by a licensing board, a COE “shall establish a presumption that such applicant has been rehabilitated.” Id. § 46a-80(c). State law further prohibits public employers from denying employment, discharging, or otherwise discriminating against an employee or a prospective employee who has a COE. Id. § 31-51i(e), (f). See Part IV, infra.

A COE does not erase the record of the conviction of the offense, or relieve an obligation to disclose the existence of the conviction. It merely states that the applicant is employable, making it illegal for the employer to deny employment based on the applicant’s criminal record alone. See Conn. Gen. Stat. § 54-130e(a)(8) (it is a “form of relief to barriers or forfeitures to employment or the issuance of licenses”); Part IV, infra (describing prohibitions on employment and licensing discrimination based on a conviction for which provisional pardon of COR has been granted). Relief granted in this form may be enlarged or rescinded at any time. Id. § 54-130e(h). It is considered temporary while a person is on probation or parole, and may be rescinded in the event of a violation. Id. § 54- 124e(g). Legislation enacted in 2014 requires that either form of relief must be revoked upon conviction for a subsequent crime. Id. § 54-130e(k).

Procedures

The COE application does not require disclosure of criminal history, and the Board bears the burden of acquiring an applicant’s criminal history report. Unlike a full pardon, applications for a COE are reviewed on a paper record. The entity that initially issues a COE (the Board or JB-CSSD) retains the exclusive authority to revoke the certificate or enlarge its scope. Upon revocation, the COR must be surrendered to the entity that issued it.

Application forms and instructions for a COR from the BOPP are available at https://portal.ct.gov/bopp/pardon-division/pardon/coe, and applications from the CSSD are available at https://www.jud.ct.gov/WebForms/forms/AP187.pdf

Frequency of Grants

A 2018 report released by the Connecticut Sentencing Commission found that “less than one half of one percent of the total eligible persons under sentence applied for a certificate of employability.” See Connecticut Certificates of Employability Final Program Evaluation Report, Connecticut Sentencing Commission, December 19, 2018 (12). Since 2015, Connecticut has issued 1,031 Certificates of Employability, or just under 115 certificates each year on average, compared to more than 1000 absolujte pardons each year. By an almost 2-to-1 margin, BOPP issued more certificates than JB-CSSD (647 to 384). Certificates of Employability Verification, Connecticut Board of Pardons and Paroles.

IV. Criminal record in employment & licensing

A. Nondiscrimination in public employment & licensing

The Connecticut Fair Employment Practices Act prohibits discrimination against a person based upon their criminal record by the state or any of its agencies. Conn. Gen. Stat. §§ 46a-80(a), (c). With limited exceptions relating to law enforcement and certain mortgage-related licenses, public employers and state licensing agencies may not disqualify a person “solely because of “a prior conviction but must consider: 1) the nature of crime and its relationship to the job; 2) information pertaining to rehabilitation; and 3) time elapsed since conviction. A person who has been granted a “provisional pardon” or “certificate of rehabilitation” (see Section II supra) is presumed to be rehabilitated. “If an application is denied based on a conviction for which the applicant has received a provisional pardon or certificate of rehabilitation, the state or any of its agencies, as the case may be, shall provide a written statement to the applicant of its reasons for such denial.” Conn. Gen. Stat. §§ 46a-80(a), (c). The public policy reflected in these provisions is that “the public is best protected when criminal offenders are rehabilitated and returned to society prepared to take their places as productive citizens and that the ability of returned offenders to find meaningful employment is directly related to their normal functioning in the community.” Conn. Gen. Stat. § 46a-79.⁴

Process: If a conviction of a crime is used as a basis for rejection of an applicant, “such rejection shall be in writing and specifically state the evidence presented and reasons for rejection.” A copy of such rejection shall be sent by registered mail to the applicant. § 46a-80(d).

Non-conviction records and records that have been erased: Non-conviction records and records that have been erased may not be inquired about or considered in connection with an application for state employment or licensure: “In no case may records of arrest, which are not followed by a conviction, or records of convictions, which have been erased, be used, distributed or disseminated by the state or any of its agencies in connection with an application for employment or for a permit, license, certificate or registration.” § 46a-80(e) .

2022 licensing reforms: In 2022 HB5248 enacted a number of changes affecting licenses subject to the jurisdiction of the Department of Public Health, provided that criminal record could not be a basis for denial of some licenses (barbers, cosmetologists, embalmers and funeral directors), prohibited summary action against certain other licensed holders (social workers, art therapists, dieticians, nail and eyelash technicians) and inserted into a number of other statutes a substantive multi-factor standard governing adverse action against a license holder:

(A) the nature of the conviction and its relationship to the license holder’s ability to safely or competently practice as a [name of occupation] (B) information pertaining to the degree of rehabilitation of the license holder, and (C) the time elapsed since the conviction or release.

HB5248 also inserted into a number of licensing statutes a provision for a preliminary determination that is binding of the licensing agency as long as the information provided at the preliminary stage is the same as that presented in the determination request. See, e.g., Conn. Gen. Stat. § 20-195 o (social workers):

(d) (1) An individual who has been convicted of any criminal offense may request, in writing, at any time, that the commissioner determine
whether such individual’s criminal conviction disqualifies the individual from obtaining a license issued or conferred by the commissioner pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual’s ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of the individual..

B. Ban-the-box in public employment:

Except for a position for which any provision of the general statutes specifically disqualifies a person from employment by the state or any of its agencies because of a prior conviction of a crime, no employer, as defined in section 5-270, shall inquire about a prospective employee’s past convictions until such prospective employee has been deemed otherwise qualified for the position.

An additional ban-the-box provision applies to initial applications for private employment and employment with “political subdivisions of the state.” See Conn. Gen. Stat. § 31- 51i(b), below.

C. Private employment

Provisional pardons and certificates of rehabilitation: “No employer or employer’s agent, representative or designee shall deny employment to a prospective employee solely on the basis that the prospective employee … had a prior conviction for which the prospective employee has received a provisional pardon or certificate of rehabilitation …” Conn. Gen. Stat. § 31- 51i(d). Discharge of an employee on the same basis is similarly prohibited. See id. § 31-51i(e).

Ban-the-box: On an initial employment application,

No employer shall inquire about a prospective employee’s prior arrests, criminal charges or convictions on an initial employment application, unless (1) the employer is required to do so by an applicable state or federal law, or (2) a security or fidelity bond or an equivalent bond is required for the position for which the prospective employee is seeking employment.

Conn. Gen. Stat. § 31-51i(b). This law covers “any person engaged in business who has one or more employees, including the state or any political subdivision of the state.” § 31-51i(a). This provision, enacted in 2016, did not repeal the pre-existing ban-the-box provision that applies to state employers and prohibits inquiry until after a prospective employee as been “deemed otherwise qualified.”

Non-conviction records and conviction records that have been erased: No employer, including the state, may require an employee or prospective employee to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to § 54-142a, § 46b-146, or § 54-76o. Conn. Gen. Stat. §§ 31-51i(c), (e) (prohibiting denial of employment on this basis), (f) (prohibiting discharge on this basis). An employment application form that contains any question concerning the criminal history of the applicant:

shall contain a notice, in clear and conspicuous language: 1) That the applicant is not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased . . . 2) that criminal records subject to erasure . . . [include] records pertaining to a finding of delinquency . . . , an adjudication as a youthful offender, a criminal charge that has been dismissed or nulled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute pardon, and 3) that any person whose criminal records have been erased . . . shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

§ 31-51i(d). No employer may discharge, “or in any manner discriminate against” any person solely because of an arrest or conviction record that has been erased. § 31-51i(f). The portion of the employment application containing criminal history may be available to employer’s personnel department and, as necessary in certain circumstances, disclosed by broker-dealers or insured banks under FDIC requirements of background check. §§ 31-51i(g), (h).

For Connecticut offenses, restoration occurred upon release from confinement and completion of parole. See § 9-46a(b). However, for federal and out-state offenses there was an additional requirement that a person pay “all fines.” § 9-46a(a).
Until 2004, the pardon power was exercised by an independent Board of Pardons, under Conn. Gen. Stat. § 18-26 (2003). The Board was staffed by a private practitioner under contract. The Board of Pardons restructured and merged into the Parole Board in July 2004. See Conn. Gen. Stat. § 54-124e.
Though a certificate issued by CSSD may be revoked for a violation of probation or parole (as is the case with a certificate issued by the board), the statute governing CSSD-issued certificates is silent as to whether revocation of a CSSD-issued certificate is mandatory upon subsequent conviction as it is for board-issued certificates. However, the CSSD website states that “CSSD will automatically revoke any Certificate of Employability if you are convicted of any crime after you get a certificate.”
The statement accompanying the 2010 amendments to § 46a-80 provides as follows:

With two exceptions, the law prohibits the state and its agencies from disqualifying a person from state employment or denying, suspending, or revoking a credential (such as a professional, trade, or business license) solely because of the person’s prior conviction. The exceptions are for law enforcement agencies and licensing mortgage lenders, correspondent lenders, and brokers. Instead, prior to making a decision based on a prior conviction, the relevant agency must consider the nature of the crime, its relation to the job, the person’s rehabilitation, and the time since the conviction or release before finding someone unsuitable for the position or credential.”

An agency must consider these factors regardless of other law and even when another law purports to govern denying credentials due to lack of good moral character or suspending or revoking a credential due to a conviction.

ConnecticutRestoration of Rights & Record Relief