§ 54-142e — Judicial Department or criminal justice agency to make available information to identify erased records. Duty of consumer reporting agency or background screening provider to update and delete erased criminal records.

Connecticut § 54-142e

• Jurisdiction: Connecticut
• Title 54: Criminal Procedure
• Ch. 961a: Criminal Records

Text

(a) Notwithstanding the provisions of subsection (g) of section 54-142a and section 54-142c, with respect to any person, including, but not limited to, a consumer reporting agency as defined in subsection (i) of section 31-51i, or a background screening provider or similar data-based service or company, that purchases records of or files mass requests under the provisions of chapter 14 for information pertaining to criminal matters of public record, as defined in said subsection (i), from the Judicial Department or any criminal justice agency pursuant to subsection (b) of section 54-142g, the department or such criminal justice agency shall make available to such person information concerning such criminal matters of public record that have been erased pursuant to section 54-142a. Such information may include docket numbers or other information that permits the person to identify and permanently delete records that have been erased pursuant to section 54-142a. (b) Each person, including, but not limited to, a consumer reporting agency or background screening provider or similar data-based service or company, that has purchased records of or filed a mass request under the provisions of chapter 14 for information pertaining to criminal matters of public record from the Judicial Department or any criminal justice agency shall, prior to disclosing such records, (1) purchase from the Judicial Department or such criminal justice agency, on a monthly basis or on such other schedule as the Judicial Department or such criminal justice agency may establish, any updated criminal matters of public record or information available for the purpose of complying with this section, and (2) update its records of criminal matters of public record to permanently delete such erased records not later than thirty calendar days after receipt of information on the erasure of criminal records pursuant to section 54-142a . Such person shall not further disclose such erased records, except to the subject of the records as required under 15 USC 1681g, as amended from time to time, or as otherwise required by applicable law. This subsection shall not apply to persons or entities filing a mass request under the provisions of chapter 14 for information pertaining to criminal matters of public record if the person or entity making the request is only obtaining information that does not personally identify the subjects of the criminal matters of public records and is not using the information for commercial purposes. (c) If any consumer reporting agency, background screening provider or similar data-based service or company discloses an erased record in violation of subsection (b) of this section after thirty calendar days from the date such agency, provider, service or company received notice pursuant to subsection (a) of this section that such record had been erased, the Attorney General may send notice ordering such agency, provider, service or company to remove such erased record from any such disclosure not later than five business days following receipt of such order. (d) For purposes of this section, “mass request” means a request concerning fifty or more criminal matters of public record. (e) Any violation of any provision of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b .

Legislative History

(P.A. 08-53, S. 2; P.A. 10-32, S. 152; P.A. 16-83, S. 2; P.A. 21-32, S. 6; June Sp. Sess. P.A. 21-1, S. 10; P.A. 22-26, S. 37; P.A. 23-134, S. 4.) History: P.A. 08-53 effective May 1, 2008; P.A. 10-32 made a technical change in Subsec. (a), effective May 10, 2010; P.A. 16-83 replaced reference to Sec. 31-51i(h) with reference to Sec. 31-51i(i), effective June 1, 2016; P.A. 21-32 added references to background screening provider or similar data-based service or company and criminal justice agency throughout, changed reference to Sec. 54-142a(e) to reference to Sec. 54-142a(g) in Subsec. (a) and added 30 calendar day deadline for deletion in Subsec. (b)(2), effective January 1, 2023; June Sp. Sess. P.A. 21-1 added references to background screening provider or similar data-based service or company and criminal justice agency throughout and added 30 calendar day deadline for deletion in Subsec. (b)(2), effective January 1, 2023; P.A. 22-26 amended Subsec. (a) by making a technical change, effective January 1, 2023; P.A. 23-134 amended Subsecs. (a) and (b) by adding language re mass requests, added Subsec. (c) re violation of Subsec. (b) after 30 calendar days from receipt of notice pursuant to Subsec. (a), added Subsec. (d) defining “mass request” and added Subsec. (e) re violation being deemed an unfair or deceptive trade practice, effective July 1, 2023.