Table of Contents
What is Considered an Arrest in Connecticut?
According to Section 54-63a of the Connecticut General Statutes, arrest generally means taking a person into custody for violating any law, regulation, ordinance, or bylaw of the state, town, city, district, borough, or municipal corporation or authority.
The primary laws providing the legal framework for arrest in Connecticut are codified under Chapter 959 of the state's code of criminal procedure. Another key law with which arrests in the state comply is the Fourth Amendment of the United States Constitution. This federal law generally protects citizens of the United States from unlawful searches and seizures, requiring arrests to be based on probable cause.
People are commonly arrested for a wide range of offenses in Connecticut, typically such as:
- Violent crimes: assault, robbery, murder, and domestic violence
- Property crimes: burglary, larceny, vandalism, and arson
- Drug-related crimes: drug trafficking, possession, sale, and distribution of controlled substances
- DUI/Driving offenses: DUI, DWI, reckless driving, driving with a suspended license, hit and run.
- Public order crimes: public intoxication, disorderly conduct, disturbing the peace, and resisting arrest
- Sex-related offenses: rape, sexual abuse, indecent exposure, prostitution, and possession of child pornography
- Juvenile offense: underage drinking, vandalism, truancy, and shoplifting
- Weapons: illegal possession of firearms and possession of illegal weapons
- Probation or parole violations: failure to appear in court, failing drug tests while on probation, and bail jumping
The legal framework for arrests in Connecticut provides for the following general components of a legal arrest in the state:
- Custody and Control: When a suspect is arrested in Connecticut, they are placed under the control of the arresting officer, who takes them into custody, restricting their freedom of movement until the matter for which the suspect is arrested is resolved.
- Legal Authority: Connecticut law provides for warrant and warrantless arrest by law enforcement agencies, as well as a private person's or citizen's arrest. Per Section 54-1f of the Connecticut General Statutes, arrests may be made without a warrant under specific circumstances, while based on the language used in several court cases, Connecticut law generally allows a private person to arrest if the offense occurs in their presence. A warrantless arrest may be made when there is probable cause that a person has committed an offense or when the offense was committed in the presence of the arresting officer.
- Miranda Rights: According to the U.S. Supreme Court decision in Miranda v. Arizona (1966), Connecticut police officers are generally required to read an arrestee their Miranda rights before any custodial interrogation begins. These rights include the right to remain silent, the warning that anything the person says can be used against them in court, and the right to have an attorney present during questioning.
- Restraint and Transport: Once the arrestee is in custody, they are under the responsibility of the law enforcement officer and agency making the arrest. The officer must ensure the suspect's and others' safety, including the public and the arresting officer. To place and keep a suspect in custody, an arresting officer typically employs restraint, which may be in the form of handcuffs to prevent escape and harm to others. Per Section 53a-22 of the Connecticut General Statutes, if necessary, officers may use physical force to make an arrest or restrain an individual who has been arrested. After an individual is arrested, they are transported to a police station or a detention facility.
- Booking Process: After an arrest in Connecticut, the individual is booked at the police station or detention center. The process typically includes recording the arrestee's personal information and taking their photographs and fingerprints.
People often use the terms "detention" and "arrest" interchangeably because both involve law enforcement restricting a person's freedom. However, the terms have distinct legal meanings and implications. Detention is a temporary stop in which law enforcement restricts your freedom for investigative purposes. It is typically brief and does not always result in formal charges. Detention is based on reasonable suspicion, meaning the officer believes that the individual may be involved in a crime based on specific and articulable facts.
On the other hand, an arrest generally involves formally taking you into custody with the intent to charge you with a crime. In such an instance, you are not free to leave, and law enforcement has decided that there is sufficient cause to believe you committed a specific offense. An arrest typically aims to initiate formal legal proceedings against you, including booking, charges, and a potential court trial. It requires probable cause, meaning the officer has a reasonable belief, based on concrete evidence, that you have committed a crime.
What is Unlawful Arrest in Connecticut?
An unlawful arrest occurs when a law enforcement officer arrests someone without legal justification to restrict the freedom of the individual. Generally, an arrest is deemed unlawful in the following typical instances in Connecticut:
- Lack of Probable Cause: An arrest is unlawful in Connecticut if there is no probable cause for the action. An arrest must be executed when there is probable cause to believe the arrestee has committed a crime. Probable cause generally means sufficient evidence that amounts to the critical elements of a crime. If the arrestee knows at the time of arrest that they could not have possibly committed the actions they are being accused of, then they have good reason to consider the arrest unlawful.
- Arrest Without a Warrant: Any arrest made without a warrant except where authorized by Connecticut law is considered illegal. Therefore, if you have been arrested without a warrant, you may consult an attorney to determine if the arrest should have been made with a warrant.
- Violation of Constitutional Rights: The arrest may be deemed unlawful if it violates your constitutional rights under state and federal laws, typically such as the right to legal representation and the right against unreasonable searches and seizures.
- Racial Profiling and Discrimination: Arrests in Connecticut are required to be based on the conduct of the arrestee and not on their ethnicity or other discriminatory factors. If you believe that you were arrested for racial profiling and not due to an offense committed, you may consider legal actions against the arresting officer or agency.
- Procedural Violations: Although Connecticut laws provide legal grounds and authority for arrests, arresting officers must take specific steps to ensure apprehensions are made according to the established procedures under the Connecticut Code of Criminal Procedure. If an arrest fails to meet this process, it may be considered an unlawful arrest.
- Mistaken Identity: Mistaken identity happens when an individual is wrongfully arrested because law enforcement incorrectly believes they are someone else. This can occur when a person matches the physical description of a suspect or when errors are made during investigations, such as confusing similar names or relying on faulty information.
- Arrest Outside Jurisdiction: Arrests made outside a law enforcement officer's legal jurisdiction are typically unlawful unless specific conditions are met. Law enforcement officers generally have the authority to arrest individuals within the city or town they serve. They are generally restricted from making arrests outside their jurisdiction except in specific instances backed up by law. If an arrest is made outside the state's jurisdiction without legal authorization, it may be deemed an unlawful arrest.
Common consequences of an unlawful arrest in Connecticut may include:
- Suppression of Evidence: If an arrest is determined to be unlawful, any evidence obtained directly from that arrest may be excluded from trial.
- Dismissal of Charges: If the arrest is found to have been conducted unlawfully, the criminal charges stemming from that arrest may be dismissed. This may occur if crucial evidence or testimony against the defendant is excluded, generally making it difficult or impossible for the prosecution to continue with the case. Individuals may petition for dismissal if they can prove that their constitutional rights were violated during the arrest.
- Civil Rights Lawsuits: If you have been unlawfully arrested, you may file civil lawsuits against the arresting officers or law enforcement agency for false arrest or false imprisonment. Officers and agencies may be sued under Section 1983 of the federal Civil Rights Act, which allows individuals to sue for violations of their constitutional rights, including wrongful arrest. If the lawsuit is successful, you may be awarded monetary damages.
Are Arrest Records Public in Connecticut?
Connecticut's Freedom of Information Act generally makes arrest records accessible to members of the public. The law states that the government and its agencies' records must be made public to foster accountability and transparency. However, some sections of arrest records may be inaccessible to the public.
If you are looking to inspect or copy an arrest record in Connecticut, you may be able to access the following information publicly:
- Identifying information: The name, date of birth, height, and race of the arrestee
- The date of the arrest
- The location of the arrest
- The arresting agency
- The charges filed against the arrestee
- Booking information: This includes booking number, fingerprints, bail amount (if applicable), and other related information
- The classification of the offense committed by the arrestee
The following portions or types of records may be redacted:
- Juvenile Arrest Records: Records of the arrest of individuals under the age of 18 are typically sealed and not available to the public to protect the privacy of minors.
- Investigative Files: Any investigative file compiled by a law enforcement agency as part of a criminal investigation that results in an arrest is generally confidential.
- Witness Identity: Arrest records containing information revealing the witnesses' identity in the case are confidential to ensure their safety and cooperation.
- Victim Information: The name, address, or other identifying details of victims of crimes typically such as sexual assault, voyeurism, injury or risk of injury, impairing of morals, or family violence are kept confidential to protect their privacy.
- Records Jeopardizing Prosecution: Arrest records that, if disclosed, could typically jeopardize a pending prosecution or a prospective law enforcement action remain confidential until such risks no longer exist.
- Court-Sealed Records: Any arrest records that a court of competent jurisdiction orders to be sealed are generally confidential and not subject to public disclosure.
What are the Types of Arrest Records in Connecticut?
Arrest records in Connecticut are maintained at the local and state levels. At the local level, police departments and county sheriff's offices generate and keep records of arrests made within their jurisdiction by their officers.
On the other hand, state-level arrest records in Connecticut are collated from all local law enforcement agencies in the state. They are typically maintained as part of the criminal history records kept by the Connecticut State Police. State-level arrest records are more comprehensive than local-level arrest records as they contain additional information generated by the state's court system.
Where are Arrest Records Kept in Connecticut?
The following agencies keep typically arrest records in Connecticut:
- Local County and Law Enforcement Agencies: Local police departments and county sheriff's offices are responsible for maintaining arrest records for incidents occurring within their respective jurisdictions.
- Connecticut State Police: The Connecticut State Police, part of the Department of Emergency Services and Public Protection (DESPP), maintains criminal history records for the entire state. These records typically include more comprehensive information covering local arrests and state-level law enforcement activities. The agency's database generally contains complete arrest history, charges and convictions, and court decisions and sentences.
- Connecticut Courts: Although arrest records are not primarily maintained by the courts themselves, once a criminal case proceeds to court after an arrest, the court will maintain records related to the criminal case, such as arrest information, charges, court proceedings, and dispositions.
- FBI: Federal agencies such as the FBI maintain arrest records for violations of federal laws in Connecticut.
- Correctional Facilities: The Connecticut State Department of Corrections maintains arrest records for inmates in the state detention centers, while the Federal Bureau of Prisons maintains arrest records for persons held in the state's federal prisons.
How to Find Public Arrest Records in Connecticut?
You may find Connecticut arrest records by:
DESPP-SPBI
1111 Country Club Road
Middletown, CT 06457-2389
- Visiting Local Police Departments and County Sheriff's Offices: Arrest records may be obtained directly from local police departments and county sheriff's offices. Once you have determined the local police department or the county sheriff's office with jurisdiction over the arrest with the record you want, you may visit their office to make a request in person or check their website to see if they offer online access to arrest records or accept mail requests.
- Submitting a Request to the State Police Bureau of Identification (SPBI): To access arrest reports from criminal history records maintained by the SPBI, submit a completed Criminal History Record Request Form and the appropriate fee to:
The state charges $36 for a search by name or date of birth. This search will only provide the existence of a record and not an actual record. A criminal conviction search costs $75 (a name or date of birth record search will provide a copy when there is an existing record), and a search done using fingerprints costs $75. Payment may be made by a check or money order made payable to "Treasurer-State of CT." Note that fingerprinting completed at a Connecticut State Police location costs $15.
For more information on fingerprinting and obtaining a criminal history record from the state police, see the SPBI page on the Department of Emergency Services and Public Identification website.
- Accessing Connecticut Court Records: Arrest records maintained by Connecticut courts may be accessed by requesting to inspect or copy court records at the court clerk's office where the case was filed. If the courthouse offers a public access terminal, you may also use it to access case information, including arrest records. Furthermore, the State of Connecticut Judicial Branch provides an online case look-up tool for persons seeking to search Connecticut court records electronically.
- Using Arrest Record Search Services Offered by Third-Party Websites: Arrest records in Connecticut may be accessed through third-party websites that generally compile public records from various sources into searchable databases. These websites typically offer users a convenient way to obtain arrest records, although they may charge a fee for their services. One reputable option is RecordsFinder, a well-reviewed site known for providing a fast and user-friendly method to search for available Connecticut arrest records.
How Long Do Arrests Stay on the Record in Connecticut?
An arrest record remains on your Connecticut records unless expunged. To erase an arrest record from your Connecticut records, you may file an expungement petition or be eligible for automatic expungement under the state's laws. Under Connecticut expungement laws, an arrest record may qualify for automatic expungement if it is related to a:
- Criminal case in which you were charged for a specific crime, but weren't found "not guilty" at trial
- Case was dismissed by the court
- Case in which the charges were dropped by the prosecutor, a minimum of 13 months have passed
- The case was put off, and 13 months or more have passed without prosecution or other action on the matter
Note that a recently enacted law – Clean Slate Law, generally will permit the automatic expungement of certain eligible records when it goes into effect.
How To Seal or Expunge an Arrest Record in Connecticut?
Also called " absolute pardon" in Connecticut, expungement generally refers to the erasure of all police and court records related to a particular case. Typically, certain arrest records are expunged automatically. Such records typically relate to dismissed cases, cases with dropped charges at least 13 months ago, cases where the defendants were charged with a crime but found not guilty, and cases put on hold for at least 13 months with no disposition or prosecution.
You are generally eligible to expunge arrest records related to a misdemeanor or felony conviction if:
- A minimum of three years has elapsed since the final determination of your latest misdemeanor
- Five or more years have gone by since your final felony determination
- You aren't on probation or parole
- There are no charges against that are pending within the jurisdiction
You may apply to receive a pardon absolutely in Connecticut by following these steps:
- Access the Required Forms: Travel to the Connecticut Board of Pardons and Paroles website to access all necessary forms for the absolute pardon application.
- Complete the Absolute Pardon Application: On the form, provide personal information, including your contact details, family history, criminal history, education, military service, employment, substance abuse treatment, and volunteer work
- Submit the Authorization for a Background Investigation: Fill out and submit the form allowing the Board to carry out a full background check, which includes checking your criminal, employment, and educational records. The Board may contact people who know you, like family members or employers.
- Obtain Three References: Identify three credible references, such as employers, religious leaders, or co-workers. A single reference may be generated by family members. The family member must complete the "Absolute Reference Questionnaire" and include a signed letter optionally.
- Collect Police Reports or Letters: Obtain police reports for any convictions occurring within the current 10-year period. If reports are unavailable, request a letter from the proper arresting agency. Ensure to list all convictions, even those in other states.
- Submit a Probation Letter: Provide a probation letter containing docket numbers, completion dates, and your probation status documenting every served period.
- Provide Military Service Documents: Submit a "Report of Separation" explaining your service in the military, or deliver a copy of your ID card for Uniformed Services, if possible.
- Submit ID and Proof of Income: Include a copy of the most current state ID card or driver's license. You must verify your income or employment, using documents for unemployment, current W2 forms, disability information, or other sources of income.
- Optional Statistical and Research Form: Complete the optional Statistical and Research Information Sheet, which generally collects data about ethnic or racial details for research purposes only and does not affect your application.
- Provide Additional Documentation: You may submit resumes, work evaluations, or certificates as supporting evidence of positive achievements for the Board's consideration.
- Copy and Submit the Application: Make a copy of the completed application and supporting documents for your records. Submit them by mail or via the ePardons Portal.
- Wait for Application Review: The Board staff will look over the finalized application and decide if you qualify to receive expedited treatment. An Expedited Review skips the hearing, or you may qualify for a standard pre-screen review, which may lead to a full hearing. Expedited review applies to non-violent offenses without any victims.
The review process, which involves the Board, State Police, and the Judicial Department, usually takes about a year. During the evaluation, the Board will consider several factors, including the seriousness of the offense, your explanation for the crime, educational background, the effect of the crime on the victim, substance abuse treatment or rehabilitation efforts, and any other relevant circumstances.
- Receive Review Results: The Board will notify you of their decision, which may involve granting a pardon, denying the application, or scheduling a hearing. You might have to show up in person for the review, even if you don't within the state of Connecticut.
Note that if you are not eligible to receive a full pardon, or you're denied outright, you may qualify for "Provisional Pardon" status which is called a " Certificate of Employability." Unlike a full pardon, a provisional pardon generally does not erase your convictions. Instead, it typically provides a formal state document affirming that you should not be denied employment or a professional license solely due to your criminal record. This document makes it generally illegal for employers to reject you based on your criminal history alone.
Even if you believe you have a strong case, the final decision on expungement generally rests with the Board. Therefore, if you are considering expungement in Connecticut, consulting with an experienced Connecticut expungement lawyer may help determine your eligibility and guide you in strengthening your application.
If your expungement request is denied, the Board is generally required to provide a written explanation. You must wait at least one year before submitting another application for an absolute pardon. While the pardon process may be lengthy and complex, the benefits are significant. A successful absolute pardon will generally remove your criminal history from standard background checks, allowing you to state that you have no criminal record legally. Although your record will still be accessible to law enforcement agencies, it will no longer be part of the public record.
For more information about expunging your arrest record in Connecticut, you may call the State Board of Pardons and Paroles at (203) 805-6643.