Supreme Court of Connecticut
State v. Apt
November 10, 2015
Summary
This dissent would hold that erased arrest records cannot support a sentence enhancement for committing an offense while on pretrial release. It reasons that treating the defendant as never arrested for some purposes while using the erased arrests to establish release status for sentencing creates contradictory legal realities and defeats the erasure statute's purpose of insulating defendants from collateral consequences of dismissed charges. The dissent would affirm the Appellate Court's judgment vacating the enhancement. Justices Zarella and McDonald joined the dissent.