State Codes and Statutes
Statutes > Connecticut > Title54 > Chap961 > Sec54-130eSec. 54-130e. Provisional pardons. (a) For the purposes of this section and sections 31-51i and 54-130a:
(1) "Barrier" means a denial of employment or a license based on an eligible offender's conviction of a crime without due consideration of whether the nature of the crime bears a direct relationship to such employment or license;
(2) "Eligible offender" means a person who has been convicted of a crime or crimes in this state or another jurisdiction and who is a resident of this state and is applying for a provisional pardon or is under the jurisdiction of the Board of Pardons and Paroles;
(3) "Employment" means any remunerative work, occupation or vocation or any form of vocational training, but does not include employment with a law enforcement agency;
(4) "Forfeiture" means a disqualification or ineligibility for employment or a license by reason of law based on an eligible offender's conviction of a crime;
(5) "License" means any license, permit, certificate or registration that is required to be issued by the state or any of its agencies to pursue, practice or engage in an occupation, trade, vocation, profession or business; and
(6) "Provisional pardon" means a form of relief from barriers or forfeitures to employment or the issuance of licenses granted to an eligible offender by the Board of Pardons and Paroles pursuant to subsections (b) to (i), inclusive, of this section.
(b) The Board of Pardons and Paroles may issue a provisional pardon to relieve an eligible offender of barriers or forfeitures by reason of such person's conviction of the crime or crimes specified in such provisional pardon. Such provisional pardon may be limited to one or more enumerated barriers or forfeitures or may relieve the eligible offender of all barriers and forfeitures. No provisional pardon shall apply or be construed to apply to the right of such person to retain or be eligible for public office.
(c) The Board of Pardons and Paroles may, in its discretion, issue a provisional pardon to an eligible offender upon verified application of such person. The board may issue a provisional pardon at any time after the sentencing of an eligible offender.
(d) The board shall not issue a provisional pardon unless the board is satisfied that:
(1) The person to whom the provisional pardon is to be issued is an eligible offender;
(2) The relief to be granted by the provisional pardon may promote the public policy of rehabilitation of ex-offenders through employment; and
(3) The relief to be granted by the provisional pardon is consistent with the public interest in public safety and the protection of property.
(e) In accordance with the provisions of subsection (d) of this section, the board may limit the applicability of the provisional pardon to specified types of employment or licenses for which the eligible offender is otherwise qualified.
(f) The board may, for the purpose of determining whether such provisional pardon should be issued, request its staff to conduct an investigation of the applicant and submit to the board a report of the investigation. Any written report submitted to the board pursuant to this subsection shall be confidential and not disclosed except where required or permitted by any provision of the general statutes or upon specific authorization of the board.
(g) If a provisional pardon is issued by the board while an eligible offender is on probation or parole, the provisional pardon shall be deemed to be temporary until the person completes such person's period of probation or parole. During the period that such provisional pardon is temporary, the board may revoke such provisional pardon for violation of the conditions of such person's probation or parole.
(h) The board may at any time issue a new provisional pardon to enlarge the relief previously granted, and the provisions of subsections (b) to (f), inclusive, of this section shall apply to the issuance of any new provisional pardon.
(i) The application for a provisional pardon, the report of an investigation conducted pursuant to subsection (f) of this section, the provisional pardon and the revocation of a provisional pardon shall be in such form and contain such information as the Board of Pardons and Paroles shall prescribe.
(P.A. 06-187, S. 84, 85.)
