Over the last few years, the Connecticut Legislature has been easing marijuana conviction laws. For example, if you were arrested for possession of a small amount of marijuana (less than 1/2 ounce) in 2007, you would have been arrested and convicted of a crime. While you may not have jail time, the stigma of being a convict is heavy. If an employer, or a landlord, asks if you have ever been convicted of a crime, you must check "Yes."
For many unfortunate people, this meant an automatic denial of employment and/or housing.
But since 2011, the same charge has been decriminalized. Take the same scenario as in the first paragraph, but in the current year. The person arrested will no longer have a conviction on his/her record because possession of less than 1/2 ounce is now decriminalized. The more difficult question becomes, what about the people convicted prior to 2011, prior to the enactment of decriminalization? The person who was convicted in the first paragraph, in 2007, still has that stigma of being a convict.
Luckily, the Connecticut Supreme Court in 2015 answered the question in State v. Meditto, SC 19272 (2015). The Court held, that if a person was convicted of the crime of possession for less than 1/2 ounce of marijuana prior to 2011, he/she now has the right to petition the Court for destruction of those records. If the petition is granted, any record associated with a conviction (police report, arrest record, certified conviction by the court) will be destroyed.
Following the Court's decision, this office has successfully petitioned the court to destroy the records of our client. If you have a stale conviction on your record, please contact Attorney Tim Fitzpatrick at our office, (203) 729-4555 for a case evaluation.