DCF does have a policy on erasing or “expunging” certain reports. The policy attempts to balance the privacy of persons who were not found to have been perpetrators of abuse or neglect against the goal of protecting children.
Expunge is defind as the deletion of all names, allegations and documents in their database. I consider that to be everything they have on you. So if you are entitled to get your file expunged, the entire record should be wiped clean.
Here are the different scenarios to determine whether your records will be expunged:
1. Non-accepted reports will be maintained by DCF for 60 days then they will be expunged. These are calls to the Hotline that were not accepted and therefore DCF did not perform an Investigation. Basically, the allegations did not meet the criteria for abuse or neglect or were otherwise considered bogus.
2. Reports that were investigated by DCF but were unsubstantiated (unfounded) will be expunged 5 years from the date that Investigation was completed. But – unsubstantiated reports will not be expunged if a person has been substantiated in any other case. In other words, one Substantiation means all your cases stick – even the ones where there was no neglect or abuse finding.
3. Investigations resulting in a Substantiation (reasonable cause to believe that neglect or abuse occurred) will be kept on file indefinitely along with any unsubstantiated cases. So, in these cases. expungement is not possible. For this reason alone, virtually all Substantiations should be appealed.
I represent clients in all DCF related amtters though out Fairfield and New Haven County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule your DCF consultation.