dcmdon
NES Member
I recently found out that if your case is dismissed (which includes Accelerated Rehabilitation or a Nolle) or you are found not guilty, then ALL RECORDS held by the police and the courts must be destroyed.
So all those questions like "I was arrested when I was 17 . . . is it going to affect my ability to get a permit" . . well, most of them become irrelevant.
I've been worrying all these years over nothing.
Don
Citation:
Sec. 54-142a. (Formerly Sec. 54-90). Erasure of criminal records. (a) Whenever in any criminal case, on or after October 1, 1969, the accused, by a final judgment, is found not guilty of the charge or the charge is dismissed, all police and court records and records of any state's attorney pertaining to such charge shall be erased upon the expiration of the time to file a writ of error or take an appeal, if an appeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken.
Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect.
So all those questions like "I was arrested when I was 17 . . . is it going to affect my ability to get a permit" . . well, most of them become irrelevant.
I've been worrying all these years over nothing.
Don
Citation:
Sec. 54-142a. (Formerly Sec. 54-90). Erasure of criminal records. (a) Whenever in any criminal case, on or after October 1, 1969, the accused, by a final judgment, is found not guilty of the charge or the charge is dismissed, all police and court records and records of any state's attorney pertaining to such charge shall be erased upon the expiration of the time to file a writ of error or take an appeal, if an appeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken.
Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect.