Getting Your Domestic Violence Arrest Dismissed in Connecticut

A national study once revealed that Connecticut has the highest national “dual arrest” rate in the country, meaning that when Connecticut police respond to a 911 call for a domestic violence dispute, they arrest both parties more than any other state in the country. What this means is that the domestic violence courts must figure out who, if anyone, should be criminally liable, who was the aggressor, and most importantly, how to resolve the family safety issues and punish the appropriate parties. That is quite a task to ask of our Connecticut domestic violence prosecutors, judges, and social workers.

Nevertheless, these teams try their best and will often conduct assessments and evaluations of each case, and will frequently dismiss many of the minor domestic violence arrests in court, particularly for arrests in Connecticut for Disorderly Conduct, Breach of Peace, and Third Degree Assault. After a case is over, however, a domestic violence criminal lawyers continue to field questions about background checks and expungement issues, as people arrested for domestic violence do not understand the difference between a dismissal and a nolle of their domestic violence trial. These legal concepts, while technical, carry very different and significant consequences on your life.

What Is the Definition of Nolle in Connecticut?

A nolle in Connecticut is short for the legal term nolle prosequi, which means “refusal to prosecute” in Latin. A nolle refers to scenarios when the prosecutor, the State’s Attorney or District Attorney, decides to drop your domestic violence arrest and charges. When your case is nolled, the following happens: You get your bond money back, you no longer have to come to court, all criminal protective orders are terminated, and you are no longer required to comply with any court-ordered conditions of release, which may include:

• Alternative Incarceration Center (AIC)
• Counseling
• No-contact orders
• Random drug or alcohol testing

The downside of a nolle is that once a case is nolled, the prosecutors have the right to re-file the charges against you for a period of 13 months from the nolle date. This right of state prosecutors to reopen a nollied case gives people arrested for domestic violence crimes serious concern, especially because prosecutors have wide discretion to reopen a case under these nolle rules. Prosecutors very rarely reopen nolled cases, and instead will just charge someone with a nolled case with a new criminal arrest. The good news is that after 13 months, the case is automatically dismissed by operation of law, at which point all arrest records and reports are destroyed, erased, and expunged.

Why a Dismissed Case Is Preferred to a Nolle

Once your Connecticut criminal arrest is dismissed, Connecticut’s Erasure Statute—C.G.S. § 54-142a—kicks in and automatically orders the erasure and destruction of all of your arrest records. The statute even goes further by dictating that once your arrest is dismissed, you can even swear under oath that you have never been arrested. This statutory entitlement of dismissal is particularly helpful to people arrested for Disorderly Conduct, Assault, and other domestic violence crimes in Connecticut, who can now answer the question on job applications “Have you ever been arrested?” with an emphatic “No.”

So if a dismissal is so much more desirable than a nolle, then why wouldn’t everyone try to get a dismissal of their domestic violence arrest? The answer is complicated and should be discussed at length with your defense lawyer, as prosecutors are more likely to offer you a nolle before a dismissal, which you should generally take as quickly as possible. However, you may get your dismissal a bit more quickly in some cases if you choose to attend a pre-trial court diversionary program such as the Family Violence Education Program or the Accelerated Rehabilitation Program. Again, the choice is challenging and should be carefully considered with your attorney.

Proof of Arrest Dismissal or Nolle

One additional service a domestic violence lawyer could provide you with is obtaining certified and official documents proving that your domestic violence arrest in Connecticut was, in fact, nollied or dismissed. This involves working with the Chief Clerk’s office and filing a request for a court-sealed document, which can be very useful in the event you need to prove to an employer, Board of Directors, or insurance carrier that your arrest was nolled or dismissed. Services like this are a crucial reason why obtaining an attorney to help you with criminal cases and what happens after is so important.

Contact a Connecticut Attorney Today for Help Getting Your Domestic Violence Arrest Dismissed

Trying to decide on the best defense strategy for your domestic violence case can be challenging, especially if you are trying to decide whether to go for a nolle or a dismissal. Each has its advantages and comes with short-term and long-term consequences that can affect your career and reputation. So if you have been arrested, be sure to contact an experienced lawyer about getting your domestic violence arrest dismissed in Connecticut today. Our rates are reasonable, and our focus is on results. Call us today at (203) 276-9443 for a consultation.