It’s one of the most common and nerve-racking questions I hear:
“Attorney Friedman, I was arrested, but my case was dismissed — will this show up on a background check?”
For many people, being arrested for the first time is a shock. Even after the case is over, the fear that it might appear on a background check — to an employer, school, or landlord — can keep you up at night. The good news is that Connecticut law provides some of the strongest privacy protections in the country through erasure and Clean Slate laws.
Let’s break down what actually shows up, what doesn’t, and how you can make sure your record truly stays clean.
1. Understanding Background Checks in Connecticut
When people talk about a “background check,” they might mean several different things. Each type pulls information from different databases, and not all of them are up to date.
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Judicial Branch Online Lookup: Connecticut’s public criminal and motor-vehicle docket system lists pending cases and recently closed ones. It’s free and open to anyone.
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State Police or FBI Fingerprint Checks: These are official government background checks used for security clearances, firearm permits, and professional licenses.
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Private Background Check Companies: Employers, landlords, and universities often use private vendors that scrape public records.
Here’s the key:
An arrest can appear while a case is still pending, but once it’s dismissed or erased, it should not appear on any legitimate background check.
2. Arrest vs. Conviction — The Difference Matters
An arrest simply means you were accused, not that you were found guilty. Unfortunately, many people — and even some employers — don’t understand that difference.
If your case is still pending in court, it can appear on the Judicial Branch site and on private databases. However, once your case is dismissed or nolled, the law gives you full protection under C.G.S. § 54-142a, Connecticut’s erasure statute.
When a case is erased, it is as if it never existed. You are legally entitled to swear under oath that you were never arrested, charged, or prosecuted for that offense. The law even requires state agencies to destroy fingerprints, mugshots, and police records relating to the erased charge.
It’s also important to understand the difference between a sealed case and an unsealed case. For example, if you are granted entry into the Accelerated Rehabilitation (AR) Program, the court automatically seals the file at the time of acceptance. That means the charges are not publicly disclosable while you are completing the program, but the case is still technically pending until you finish the program and the court formally dismisses it. Once the case is dismissed, the erasure statute applies, and it is legally treated as if it never existed.
3. When and How an Arrest Gets Erased
Connecticut’s erasure law is automatic once certain conditions are met. Here are the most common situations:
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Case Dismissed – Immediate erasure.
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Case Nolled (prosecutor dropped it) – Erased automatically after 13 months.
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Accelerated Rehabilitation (AR Program) – When you successfully complete the program, the case is dismissed and erased.
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Impaired Driving Intervention Program (IDIP) – Same process for first-offense DUIs — upon completion, the case is dismissed and erased.
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Clean Slate Law – For older convictions, Connecticut’s new Clean Slate system automatically erases eligible misdemeanors after 7 years and certain low-level felonies after 10 years if there are no new convictions.
The takeaway is simple: once your case is erased, it’s gone from public record — period.
4. Will Employers Still See It?
Once a case is erased, employers are prohibited by law from asking about it or acting on erased information. If a background check company reports an erased arrest, that report is inaccurate and likely violates the Fair Credit Reporting Act (FCRA).
That said, some private databases are slow to update. Old information can linger if they downloaded public records before your case was erased. In those situations, individuals can contact the background-check company directly to provide proof of erasure and request that the information be removed.
I often advise clients on how to verify that their records have been properly updated and how to handle any incorrect reports that may still appear.
5. How to Check Your Own Record
Before applying for a new job or professional license, it’s smart to verify your own record. Here’s how:
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Check the Judicial Branch website: https://www.jud.ct.gov/crim.htm
Search by name to confirm whether any cases are still showing. -
Request your official State Police record:
File Form DPS-846-C, available at https://portal.ct.gov/DESPP/Division-of-State-Police/Criminal-Records/Criminal-History-Record-Checks. -
If anything appears that should have been erased, contact your attorney — we can confirm the erasure date and push the update through the proper channels.
6. The Clean Slate Law and Second Chances
Connecticut’s Clean Slate Law (Public Act 21-32, effective 2024) expands erasure protection even further. For individuals with older misdemeanor or low-level felony convictions who have remained trouble-free, the state automatically expunges those records after the waiting period.
That means someone who made one mistake years ago — like a minor drug possession or misdemeanor DUI — can have their record cleared without filing for a pardon.
This reform gives thousands of residents a genuine second chance at jobs, housing, and peace of mind.
(For more, see my related article: “How Connecticut’s Clean Slate Law Gives You a Second Chance.”)
7. What About Mugshots and Online Arrest Sites?
Unfortunately, some private “mugshot” or “arrest lookup” websites scrape data from public court listings and keep it even after erasure. These sites are not official government databases — they exist mainly to profit from reposting old information.
Under Connecticut’s erasure law, individuals have the right to demand that those sites delete content once the case has been erased or dismissed. If that situation arises, I can explain the process and help you understand your legal options, including when to contact the appropriate agencies or consumer-protection channels.
8. Why You Should Never Ignore a Pending Case
Many clients assume that because their lawyer “expects” a nolle or dismissal, they can relax. But while the case is pending, it’s still visible to the public and background-check companies.
Until that case is formally dismissed or erased, an employer or landlord could see it. That’s why resolving it quickly and properly — through AR, IDIP, or a negotiated nolle — is critical.
Getting the best possible outcome today protects your record for years to come.
9. How a Criminal Defense Lawyer Can Help
If you’ve been arrested for the first time, you probably have a thousand questions. Part of my job is to guide you through both the court process and the record-clearing process that follows.
I can:
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Confirm your eligibility for diversionary programs like Accelerated Rehabilitation or IDIP.
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Ensure the case is properly dismissed and erased.
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Follow up with the Judicial Branch and State Police to confirm erasure.
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Advise you on how to check your record and handle any incorrect or outdated information.
For many first-time offenders, a clean record is fully achievable — but only if the case is handled correctly from the start.
10 Frequently Asked Questions
1. Will my dismissed case still show up?
No. Once a case is dismissed, it is immediately erased under Connecticut law. Within a short time, it should disappear from the Judicial Branch website and all public databases.
2. How long does erasure take after a nolle?
When the prosecutor enters a nolle, it becomes eligible for erasure after 13 months. The delay allows time for the case to be reopened if new evidence arises, but once the period passes, the record is wiped clean automatically.
3. What if I completed the AR program?
After successful completion of AR, the court dismisses your case and erases it from the record. You are then legally allowed to say you were never arrested for that charge.
4. Can employers see erased cases?
No. Employers are prohibited from asking about erased records or using them in hiring decisions. If they do, they may be violating both Connecticut law and federal employment rules.
5. What about mugshots online?
Private mugshot websites are not controlled by the state and often fail to update when a case is erased. You can contact those sites with proof of erasure and demand removal under Connecticut’s privacy laws.
6. Will an erased arrest appear on an FBI background check?
Usually not. Once the state erases your record, the federal database should be updated automatically, but in rare cases delays occur. You can request a correction through the State Police if necessary.
7. What if I have more than one case?
Each case is handled separately. A dismissed or erased case disappears, while others that remain open or resulted in convictions may still appear until they meet Clean Slate eligibility.
8. Can I legally say I was never arrested?
Yes. After erasure, the law treats it as though the arrest never occurred. You may legally answer “no” to any question about that erased arrest under Connecticut law.
9. My erased case still shows up online — what now?
Sometimes third-party websites take months to update. You can verify the erasure date with your attorney and then request that those companies remove outdated records under the Fair Credit Reporting Act.
10. Do I need a lawyer for erasure?
Erasure usually happens automatically, but lawyers ensure it’s done correctly and help clean up any outdated or inaccurate listings. Having an attorney guide the process can give you peace of mind and ensure nothing is missed.
Call to Action
If you’ve been arrested for the first time or recently had a case dismissed, don’t let that old charge follow you around. Connecticut’s erasure and Clean Slate laws are powerful tools — but they only work if you use them correctly.
I’ve helped hundreds of clients across Stamford, Norwalk, Greenwich, and throughout Connecticut clear their records and move forward with confidence.
Call me, Attorney Allan F. Friedman, at (203) 357-5555 for a free confidential consultation.
You can also contact me directly through my Contact Page.