On April 5th, New Mexico Governor, Susana Martinez, vetoed Senate Bill 294, which would allow for the expunction of criminal records in certain circumstances. The bill proposed expunging the criminal records of those misdemeanor offenders that have completed the full-term of their sentences but additionally, specifically targets victims of identity theft and those who are arrested or charged but never convicted of a crime. A similar bill was passed by the legislature in 2012 but was also vetoed by Gov. Martinez. Under the provisions of the SB 294, citizens arrested for or charged with certain offenses would be eligible to petition the court to have the records associated with their arrest and criminal proceedings sealed from public view. The bill would allow those who are not convicted of a crime to petition for expunction after one year without an additional offense or arrest.
According to current New Mexico law, only juvenile conviction records may be sealed. Adult offenders petitioning for expunction must demonstrate ‘extraordinary circumstances’ in order for a request for expunction to be considered. Thus, usually only in cases of wrongful arrest or conviction, is a defendant actually able to successfully apply for expunction.
Senate Bill 294, introduced by Senate Majority leader, Michael S. Sanchez, would prohibit offenders convicted of crimes against minors, sex offenses and driving under the influence of drugs or alcohol from petitioning for expunction. Additionally, any offender actually convicted of a misdemeanor offense must avoid criminal charges for a period of at least five years before he is eligible to petition for expunction, and those convicted of domestic violence or abuse are barred from eligibility until they have accrued at least ten years without a subsequent charge.
Proponents of the measure, including the author and sponsor of the bill, Majority Leader Sanchez, believe that people deserve a second chance, and those who can avoid subsequent charges are deserving of this second chance and have proved they are ready to turn their lives around. The collateral sanctions associated with a conviction as well as the stigma associated with an arrest record create barriers to employment and affect a person’s ability to be a productive member of society.
On the other hand, opponents of the bill, such as Rep. Kintigh, who vehemently opposed the bill in the House and Governor Martinez, who eventually vetoed the bill, believe that the measure impedes “the public’s and the media’s right to know about information relating to convictions, arrests and other criminal proceedings.” In her veto message of SB 294, Gov. Martinez also notes that the proposal would create a loophole for defendants that have their charges dismissed for reasons other than innocence. She claims that in cases of domestic abuse and gang violence, where forms of witness intimidation may occur, the result of expunction will be that these offenders will not be held at all accountable for their actions.
This is not the first time Sanchez and Martinez have found themselves on opposite sides of an issue. The relationship between Gov. Martinez and Maj. Leader Sanchez, two of the major powerhouses in New Mexico politics, has been rocky at best since Martinez took office in 2011. Specifically on the issue of sentencing reform, Martinez and Sanchez are on opposite sides of the fence. Martinez, a former DA, has always come down on the side of law-and-order, while Sanchez, a former Defense Attorney, has tended to be sympathetic towards victims of the criminal justice system and those former offenders who are trying to make positive changes in their lives. In the first round of the bout between these two New Mexico political heavyweights, Martinez claimed Sanchez blocked one of her key education initiatives from being passed, by preventing it from reaching the Senate floor for a vote.
Round two, however, seems to have gone to Governor Martinez, whose veto comes just under a month after the New Mexico legislature has adjourned. Thus, Sanchez and his coalition of supportive legislators will not have an opportunity to attempt an override of the veto. Once again supporters of criminal record expunction and sentencing reform in New Mexico will have to wait yet another year before the legislature can propose changes to the law.
According to current New Mexico law, only juvenile conviction records may be sealed. Adult offenders petitioning for expunction must demonstrate ‘extraordinary circumstances’ in order for a request for expunction to be considered. Thus, usually only in cases of wrongful arrest or conviction, is a defendant actually able to successfully apply for expunction.
Senate Bill 294, introduced by Senate Majority leader, Michael S. Sanchez, would prohibit offenders convicted of crimes against minors, sex offenses and driving under the influence of drugs or alcohol from petitioning for expunction. Additionally, any offender actually convicted of a misdemeanor offense must avoid criminal charges for a period of at least five years before he is eligible to petition for expunction, and those convicted of domestic violence or abuse are barred from eligibility until they have accrued at least ten years without a subsequent charge.
Proponents of the measure, including the author and sponsor of the bill, Majority Leader Sanchez, believe that people deserve a second chance, and those who can avoid subsequent charges are deserving of this second chance and have proved they are ready to turn their lives around. The collateral sanctions associated with a conviction as well as the stigma associated with an arrest record create barriers to employment and affect a person’s ability to be a productive member of society.
On the other hand, opponents of the bill, such as Rep. Kintigh, who vehemently opposed the bill in the House and Governor Martinez, who eventually vetoed the bill, believe that the measure impedes “the public’s and the media’s right to know about information relating to convictions, arrests and other criminal proceedings.” In her veto message of SB 294, Gov. Martinez also notes that the proposal would create a loophole for defendants that have their charges dismissed for reasons other than innocence. She claims that in cases of domestic abuse and gang violence, where forms of witness intimidation may occur, the result of expunction will be that these offenders will not be held at all accountable for their actions.
This is not the first time Sanchez and Martinez have found themselves on opposite sides of an issue. The relationship between Gov. Martinez and Maj. Leader Sanchez, two of the major powerhouses in New Mexico politics, has been rocky at best since Martinez took office in 2011. Specifically on the issue of sentencing reform, Martinez and Sanchez are on opposite sides of the fence. Martinez, a former DA, has always come down on the side of law-and-order, while Sanchez, a former Defense Attorney, has tended to be sympathetic towards victims of the criminal justice system and those former offenders who are trying to make positive changes in their lives. In the first round of the bout between these two New Mexico political heavyweights, Martinez claimed Sanchez blocked one of her key education initiatives from being passed, by preventing it from reaching the Senate floor for a vote.
Round two, however, seems to have gone to Governor Martinez, whose veto comes just under a month after the New Mexico legislature has adjourned. Thus, Sanchez and his coalition of supportive legislators will not have an opportunity to attempt an override of the veto. Once again supporters of criminal record expunction and sentencing reform in New Mexico will have to wait yet another year before the legislature can propose changes to the law.