Are You Eligible To Petition The Court To Erase & Destroy Records Of Your Conviction?
“Whenever any person has been convicted of an offense . . . and such offense has been decriminalized subsequent to the date of such conviction,’’ that person may petition the Superior Court for an order of erasure pursuant to General Statutes § 54-142d.
- In 2011, the legislature changed the penalty for possessing less than one-half ounce of marijuana from a potential term of imprisonment and/or a large fine to merely a fine of $150 for a first offense, and a fine of between $200 and $500 for subsequent offenses. Essentially, this behavior was decriminalized.
- On March 24, 2015, the Connecticut Supreme Court decided the case of State of Connecticut v. Nicholas M. Meditto, which held that someone who was previously convicted of possession of marijuana was entitled to an order erasing his conviction and all records that stemmed out of it.
What might this mean for you?
It means that if you were previously convicted of possession of a controlled substance, in violation of Connecticut General Statutes 21a-279(c), you are entitle to petition the court to have that criminal conviction erased from your record if, in the facts of your particular case, you only possessed less that one-half ounce of marijuana.
What should you do?
Meet with a competent criminal defense attorney as soon as possible, and provide the attorney with as much information and documentation that you can relating to the specific conviction of Connecticut General Statutes 21a-279(c).
Go to the police department that arrested you in that matter and ask for a copy of the arrest report from your prior arrest; you attorney can secure this information, but you should try to obtain this yourself, if possible.
Bring the police report to your attorney for review.
If you are eligible, then have the attorney prepare the necessary petition to the court for the order of erasure.