Sec. 54-142t. Automated process for erasure of criminal records. Liability re actions taken in reliance upon criminal history record information. Claims against the state. Request for review of criminal history records for erasure. (a) The Department of Emergency Services and Public Protection, in consultation with the Judicial Branch and the Criminal Justice Information System Governing Board established pursuant to section 54-142q, shall develop and implement automated processes for erasure pursuant to section 54-142a. Any agency holding records subject to such automated processes for erasure, including, but not limited to, the Department of Correction, the Division of Criminal Justice, the Judicial Branch and the Criminal Justice Information System Governing Board, shall assist the Department of Emergency Services and Public Protection in carrying out such automated processes for erasure and shall provide all necessary information to the Department of Emergency Services and Public Protection.
(b) The Commissioner of Emergency Services and Public Protection shall, not later than January 1, 2024, post information on an Internet web site operated by the department, regarding records that are subject to erasure under the provisions of this section, including a list of any section of the general statutes for which a violation of such section may be subject to erasure pursuant to subsection (e) of section 54-142a. The commissioner shall annually review, and if necessary, update such list.
(c) Nothing in this section shall be construed to require the destruction of paper records.
(d) Nothing in the provisions of sections 46a-80a to 46a-80m, inclusive, or sections 8-265c, 8-315, 10a-6, 31-51i, 38a-358, 38a-447, 46a-51, 46a-74, 46a-79, 46a-80 and 46a-81 of the general statutes, revision of 1958, revised to January 1, 2023, shall be construed to make the state, any state agency, any municipality or any person liable for any action taken on the basis of criminal history record information required to be erased or deemed erased by operation of law if:
(1) Such action is taken in good faith reliance on such criminal history record information;
(2) Such criminal history record information has not yet been marked as erased by the automated system required under this section, or, in the case of a municipality or other person, such erasure marking has not been communicated to such municipality or other person; and
(3) Such action is taken before January 1, 2024.
(e) No person, prior to January 1, 2024, shall have any claim against the state or any state agency for failure to erase a record pursuant to the provisions of this section and subsection (e) of section 54-142a of the general statutes, revision of 1958, revised to January 1, 2023.
(f) On and after January 1, 2024, nothing in the provisions of sections 46a-80a to 46a-80m, inclusive, or sections 8-265c, 8-315, 10a-6, 31-51i, 38a-358, 38a-447, 46a-51, 46a-74, 46a-79, 46a-80 and 46a-81 shall be construed to make the state, any state agency, any municipality or any person liable for any action taken on the basis of criminal history record information required to be erased or deemed erased by operation of law if within the immediate thirty-day period after such records should have been marked as erased:
(1) Such action is taken in good faith reliance on such criminal history record information; and
(2) Such criminal history record information has not yet been marked as erased by the automated system required under this section, or, in the case of a municipality or other person, such erasure marking has not been communicated to such municipality or other person.
(g) On and after January 1, 2024, if a person (1) believes any of such person's criminal history record information was required to be deemed erased by operation of law pursuant to the provisions of subsection (e) of section 54-142a, and (2) submits an application to the Department of Emergency Services and Public Protection in a form and manner determined by the department, the department shall, following a contested hearing if the department determines relief cannot be immediately granted, make a determination on whether such criminal history information should be deemed erased by operation of law. If a hearing is held, the department shall, not later than fifteen days prior to the hearing, provide the applicant with any criminal history record information to be considered by the department in adjudicating the application and issue a written notice of its determination not later than fifteen days following the hearing. Such determination shall constitute a final decision for the purposes of the provisions of chapter 54.
(P.A. 21-32, S. 5; P.A. 23-134, S. 6; P.A. 24-108, S. 42; P.A. 25-161, S. 8.)
History: P.A. 21-32 effective January 1, 2023; P.A. 23-134 amended Subsec. (b) by replacing “department may, within available appropriations, disseminate information, including posting” with “Commissioner of Emergency Services and Public Protection shall, not later than January 1, 2024, post”, adding provision re list of any section of the general statutes for which a violation of such section may be subject to erasure and review of such list and making conforming and technical changes, added Subsec. (d) re liability for actions taken prior to January 1, 2024, added Subsec. (e) re a claim against the state, added Subsec. (f) re liability on or after January 1, 2024, and added Subsec. (g) re request for review and erasure of criminal history record if such record should be deemed erased by operation of law, effective June 27, 2023; P.A. 24-108 amended Subsec. (a) to add provision requiring any agency holding records subject to such automated processes for erasure to assist Department of Emergency Services and Public Protection in carrying out such processes and to provide all necessary information to said department, effective June 4, 2024; P.A. 25-161 amended Subsec. (g)(2) by adding provision re person submit an application rather than a copy of criminal history record information, adding “if the department determines relief cannot be immediately granted” and adding language re provision of criminal record history information to be considered and written notice of determination to the applicant, effective July 1, 2025.
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