Someone convicted of a felony must apply to the Board of Pardons and Paroles for a pardon in order to have the felony removed from his or her record. The board can grant pardons that are absolute, conditioned, or provisional for any violation or offense against the state at any time (CGS § 54-130a(b)).
An absolute pardon erases a person’s convictions. According to the board, a conditional pardon erases a person’s criminal record but also imposes conditions which the person must follow or the pardon may be revoked. A provisional pardon does not erase a person’s record but seeks to relieve the person of certain barriers or forfeitures related to employment or licensure due to the convictions specified in the provisional pardon (CGS § 54-130e).
A person can apply for a provisional pardon at any time. But, except under extraordinary circumstances, the board cannot accept an application for other types of pardons until five years after a felony conviction and three years after a misdemeanor conviction (CGS § 54-130a(c)). The board also states that it does not consider applications from anyone with pending charges or open cases in any jurisdiction.
An applicant must submit information on a number of topics, including his or her criminal record, employment, and other activities. He or she must authorize a background check and submit three references.
The board has discretion whether to grant a pardon. The board states that it considers many factors including the:
- applicant’s rehabilitation, criminal history, accomplishments since his or her last offense, work history, contact with the criminal justice system, character references, and community service;
- time since the applicant’s most recent offense,;
- offense’s severity;
- victim’s input and the crime’s impact on the victim; and
- the state’s attorney’s opinion.
The board states that the pardons process takes about 12 months and the board, State Police, probation officials, and Judicial Branch review the person’s criminal record to ensure that all convictions are considered and erased if a pardon is granted.
If the board denies a pardon, the law requires it to inform applicants in writing of its reasons (CGS § 54-124a(j)(3)). The board states that it generally requires a person denied a pardon to wait one year before reapplying but it may require a longer period.
