The decriminalization bill will only be useful if it doesn't register on any level. It may be considered an infraction, but will this be visible on a standard background check? I am in a field where a high level of security clearance is mandated. In the case of an infraction, I would still lose my job in a heart beat. Baby steps, but lets get the right foot forward first.
I know that a little information can be a bad thing, but I couldn't help but look up what CT has listed for criminal background checks. The information I found seems to indicate that infractions under SB1014 for possession of under 1 oz of marijuana WOULD NOT be available in criminal background checks:
First, the Statute Section 54-142(k) defines availability of conviction and non-conviction information. It states:
(c) Conviction information shall be available to the public for any purpose.
(d) Nonconviction information shall be available to the subject of the information and to the subject's attorney pursuant to this subsection and subsection (e) of this section. Any person shall, upon satisfactory proof of the person's identity, be entitled to inspect, for purposes of verification and correction, any nonconviction information relating to the person..."
More on Use of Non-Conviction information:
Section 54-142(o)- (a) Nonconviction information disseminated to noncriminal justice agencies shall be used by such agencies only for the purpose for which it was given and shall not be redisseminated.
(b) No agency or individual shall confirm the existence or nonexistence of nonconviction information to any person or agency that would not be eligible to receive the information itself.
That leads us to the definition of 'Conviction Information':
Section 54-142(g)(c)- "Conviction information" means criminal history record information which has not been erased, as provided in section 54-142a, and which discloses that a person has pleaded guilty or nolo contendere to, or was convicted of, any criminal offense, and the terms of the sentence."
That now leads us to the definition of "Criminal Offense":
Section 53a-24 - Offense defined. Application of sentencing provisions to motor vehicle and drug selling violators. (a) The term "offense" means any crime or violation which constitutes a breach of any law of this state or any other state, federal law or local law or ordinance of a political subdivision of this state, for which a sentence to a term of imprisonment or to a fine, or both, may be imposed, except one that defines a motor vehicle violation or is deemed to be an infraction. The term "crime" comprises felonies and misdemeanors. Every offense which is not a "crime" is a "violation". Conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
Also from a legislative research document (2005-R192)-"Criminal offenses in Connecticut are classified as felonies, which are offenses punishable by imprisonment for over one year, and misdemeanors, which are offenses punishable by imprisonment for not more than one year."
So, from my reading of the statutes (Note: I am NOT a lawyer!):
-SB 1014 reduces possession of marijuana to an infraction
-An infraction is NOT a criminal offense
-If it is not a criminal offense, it does not constitute a ‘Conviction’, and is therefore ‘Non-Conviction’ information
- Since it is non-conviction information, information regarding possession of less than 1 oz would not be available to the public. All information I could find regarding 'Background Checks' including those for medical personnel, gun permits etc. require that the information relate to 'Criminal Offenses'. Obviously, driving violations have their own rules, but I found nothing that would indicate that type of exception would pertain to marijuana possession.