Connecticut Dismissed and Nolled Charges: When Are They Erased?

A common assumption: if your case was dismissed, it should already be gone. In Connecticut, dismissed and nolled charges are erased automatically under C.G.S. § 54-142a — but "automatically" doesn't mean "immediately," and the timing rules are different depending on how your case ended.

Dismissals and Acquittals: Erased After the Appeal Window

If your case was dismissed by a judge or you were acquitted at trial, the record is erased automatically once the applicable time to file a writ of error or take an appeal expires, or after an appeal is finally resolved in your favor.

Once that window closes, the Judicial Branch and DESPP databases should reflect the erasure. You don't need to file anything — the system processes it as a matter of law.

The practical issue: "should" and "does" aren't always the same thing. Court clerks process case closures at different speeds, and database synchronization between the Judicial Branch and DESPP isn't instantaneous. If you need to prove the erasure quickly (for a background check or job application), order your SPBI rap sheet to verify.

Nolle Prosequi: The 13-Month Rule

A nolle prosequi means the prosecutor decided not to pursue the charge. It's not a dismissal — it's the prosecution declining to move forward. Under Connecticut law, a nolled charge is erased automatically once exactly 13 months have elapsed from the court's disposition date, provided no active prosecution has occurred during that timeframe.

This 13-month window exists because a nolle isn't final in the same way a dismissal is. During those 13 months, the prosecutor retains the right to reinstate the charges. After 13 months without action, the case is treated as concluded and the record is erased.

During the 13-month window: Your record is fully visible on court databases and background checks. A background screening company will report the nolled charge as an open or unresolved matter. There is no mechanism to accelerate this timeline — the 13 months is a hard statutory requirement.

After 13 months: The record should be automatically erased from both the Judicial Branch and DESPP databases. The same verification process applies: if it's still showing, order your SPBI rap sheet to confirm.

Multiple Non-Conviction Outcomes

If you had multiple charges within a single case, each charge's erasure timeline is independent. One charge might be dismissed (appeal window erasure) while another is nolled (13-month erasure). The case isn't fully erased until the last charge's timeline completes.

For separate docket numbers across different incidents, each docket runs its own clock independently. A dismissal from 2024 doesn't affect the erasure timeline of a nolle from 2025.

Accelerated Dismissal Programs

Connecticut uses several pre-trial diversionary programs that can result in dismissal:

• Accelerated Rehabilitation (AR) — charges dismissed after a probationary period
• Community Service Labor Program (CSLP) — dismissal after community service completion
• Pre-trial Alcohol Education Program — dismissal after program completion

For all of these, the erasure rule is the same as any other dismissal: the record is erased once the appeal window expires after the dismissal date. The diversionary program period itself doesn't count as the erasure timeline — the clock starts at the dismissal.

Why This Matters for Background Checks

Non-conviction records that haven't been erased yet (within the 13-month nolle window, or where the system hasn't caught up to a dismissal) are reportable on background checks. Employers and landlords can see them, and consumer reporting agencies can include them.

After erasure, the rules flip entirely. Under C.G.S. § 31-51i, employers with four or more employees cannot ask about erased records, and job applications must explicitly state that erased records don't need to be disclosed. If a background check company reports an erased non-conviction record, you can dispute it under both the FCRA and Connecticut's CUTPA protections.

The Connecticut Expungement & Record Sealing Guide covers each non-conviction pathway with the exact timelines and verification steps, plus dispute templates for records that should have been erased but still appear on background checks.

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