I Was Arrested in Connecticut- Do I Have a Criminal Record Now?
Whether you’ve been arrested before or this is your first time, it can feel overwhelming and confusing. One of the first questions most people ask is: “Do I now have a criminal record?” This is an important question to ask because the answer will greatly impact your future. The short answer is, no, not necessarily.
Arrested vs. Convicted
An arrest does not equal a conviction.
An arrest means you’ve been formally charged with a crime by a law enforcement agency
A conviction means you’ve either been found guilty in a court of law, or have plead guilty and accepted responsibility for the crime
Just because you were arrested, does not mean you automatically have a criminal record and you’ve been found guilty. This is why you are given a court date after being arrested. As a side note, this is also why it is important to remember that you have the right to remain silent- you cannot talk your way out of charges, once you’ve been arrested, that is what court is for.
What Is Publicly Visible After an Arrest?
After an arrest, a record of that arrest is created and the case is entered into the court system. In Connecticut, this publicly accessible system is the State of Connecticut Judicial Branch.
Your pending case may appear on an advanced background check that includes pending cases as well as convictions. The case will not appear as a conviction until there is a guilty finding or guilty plea. You are innocent until proven guilty.
Case Outcomes
The result of the court case is what determines your criminal history. If the case is resolved through the use of a diversionary program, nolle, or dismissal, the case will essentially go away, and not appear on your criminal history. If the case resolves in a conviction, by way of a guilty verdict or a guilty plea, the charge will appear on your criminal history. This is almost always the case when the individual is an adult and not a juvenile.
Connecticut offers a wide variety of programs that are designed to be second chances and help individuals avoid criminal records. Each program has very specific eligibility requirements and depends on the nature of the crime charged, but generally, if this is a first offense and the individual has no criminal history and the crime is not of a serious nature, a eligibility for a program is likely. Even if eligible, an experienced criminal defense attorney can negotiate for the granting of one of these programs on your behalf.
Ultimately, if you are not eligible for any programs and you are found guilty after a trial, or takes a plea deal from the State and plead guilty, you will have a criminal record.
Can a Criminal Conviction Ever Be Erased?
In many cases, misdemeanors and many felonies can be erased by applying for and being granted a pardon.
Pardons can be applied for after a certain amount of years have passed by since the completion of your sentence.
How a Criminal Defense Attorney Can Help
Even without a conviction, a pending case can affect employment opportunities, professional licenses, housing, education, and more.
An experienced criminal defense attorney can work toward a dismissal or diversionary program, help protect your record from long-term damage, and guide you through the process and avoid costly mistakes.
