HARTFORD, Conn. — Thousands of Connecticut residents previously convicted of possessing cannabis will start off the new year with a "clean slate" on their record.
Gov. Ned Lamont announced Tuesday that around 44,000 "low-level" cannabis conviction cases will be automatically fully or partially erased on January 1. More record erasures are expected in the latter half of 2023.
“Especially as Connecticut employers seek to fill hundreds of thousands of job openings, an old conviction for low-level cannabis possession should not hold someone back from pursuing their career, housing, professional, and educational aspirations,” Gov. Lamont said in a statement.
State officials said this allows residents who have had their records erased to tell employers, landlords, and schools that the conviction never happened.
Hartford Criminal Defense Attorney Richard Brown said this is a good thing for the thousands who will be impacted.
"We in our younger days, for most of us, have committed, maybe not crimes, but indiscretions," he said. "Out of all the crimes that one can commit, the possession of marijuana, by way of example, not for purpose of resale, but for purpose of personal use... we don’t want those events to stop a person from blooming."
Brown has spent 50 years in the criminal justice system and said most people convicted of these low-level crimes are "ordinary people." By clearing their record, he said it can often times clear single mistakes.
The erasures come as part of the Clean Slate Law that was enacted in 2021. People convicted for possession of under four ounces of a non-narcotic, non-hallucinogenic substance between January 1, 2000 and September 30, 2015 will have their convictions erased without any further action needed.
These violations can be erased if a convicted person files a petition in Superior Court:
- Convictions for violations for possession of less than or equal to four ounces of a cannabis-type substance were imposed before January 1, 2000 and between October 1, 2015 and June 30, 2021.
- Convictions for violations for possession with intent to use drug paraphernalia for cannabis were imposed before July 1, 2021.
- Convictions for violations imposed before July 1st, 2021 for manufacturing, selling, possessing with intent to sell, or giving or administering to another person a cannabis-type substance and the amount involved was under four ounces or six plants grown inside a person’s home for personal use.
Republican State Representative Vincent Candelora of North Branford said he understands people should get a second chance in life, however, is concerned about other parts of the Clean Slate Law.
"What the governor’s press release does is really distract from the real issue that this Clean Slate Law really goes well beyond just marijuana," the House Minority Leader said. "The public needs to realize that the scope of that Clean Slate Law goes much farther."
In the law, those eligible cannot have had any other criminal convictions for seven or 10 years, depending on the conviction to be erased. They also have to have completed sentences for all convicted crimes and meet other eligibility criteria under the laws.
Eligible offenses include most misdemeanors, most Class D and Class E felonies, and most unclassified felonies with a possible prison sentence of five years or less, according to state officials. This is what concerns Rep. Candelora. A spokesperson for the governor's office told FOX61 the legislature will have to determine at a later date what non-cannabis-related class D or class E felonies will be impacted.
"I am concerned, though, over the last 10 years, we’ve seen a real casual attitude taken towards our criminal justice system," Candelora said. "I think we should have higher scrutiny rather than just automatically erasing everybody’s record after a period of time."
Brown said minority populations have been most impacted by the cannabis charges. The American Civil Liberties Union said Black people were four times more likely to be arrested for marijuana possession in 2018 compared to white people in the state. The following reports the racial disparity in marijuana arrests in 2018 for Black people.
- New London: 9.1x
- Tolland: 8.8x
- Litchfield: 6.3x
- Middlesex: 4.5x
- Fairfield: 4.1x
- New Haven: 3.4x
- Hartford: 3.2x
- Windham: 0.8x
Rep. Candelora said the state has tried to take up this issue by changing certain cannabis offenses to infractions in 2012.
Brown said by automatically erasing these convictions, will save taxpayers money because the people won't have to go through the state's parole board.
The state has invested more than $5 million into the Clean State automated technology. The system is expected to be fully operational during the second half of 2023.
Tony Black is a multi-media journalist at FOX61 News. He can be reached at tblack@fox61.com. Follow him on Facebook, Twitter and Instagram.
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