This memo assumes a client will successfully complete the AEP program.
- From now until time of AEP completion: if asked “have you ever been arrested?” you would answer, “yes.” If asked whether you have ever been arrested for a felony, the answer is “no.”
- When asked at any time “have you ever been convicted of any crime?” the answer is “no.” The AEP program suspends prosecution during the time of participation in the program so there is no conviction while participating in the AEP program.
- Upon successful completion of the AEP, the client should immediately file for dismissal of the charges. After the dismissal of the charges, which takes one year, and expiration of the time for appeal, the client should immediately petition for erasure of his records under 54-142a. Once the petition to erase is granted, the client can swear that he was never arrested.
Conn. Gen. Stat. §54-142a (e): Any person who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.
The only sticking point comes if the client is asked “have you ever participated in any sort of alcohol education or alcohol rehabilitation program?” He would have to answer “yes.” If this comes up in the course of employment and the client has been squeaky clean since his arrest, he probably can explain it away as a stupid-youth experience from which he certainly learned his lesson.