FOR IMMEDIATE RELEASE
Contact: Angie Poss
505-720-5128
SANTA FE – Last week, Senate Bill 294 unanimously passed the Senate Public Affairs Committee. The sponsor, Majority Floor Leader Michael S. Sanchez (D, Valencia, Bernalillo, Dist. 29), has been trying to put this bill on the books for several years.
SB 294 sets procedures allowing victims of identity theft or wrongful charges to petition district courts to have the arrest taken off their public record. It also allows someone convicted of a misdemeanor to petition for expungement if they have not had any sequential charges for a period of 5 to 10 years, depending on the charge. The bill will not impair law enforcement from viewing arrest or conviction records; the bill only limits public access to the records.
“We all know someone that got in trouble once when they were young and they go on to not have any other charges for the rest of their life,” Senator Michael S. Sanchez said. “At the very least people deserve a chance to stand before a judge and have them decide whether or not to expunge charges from their public record. This bill passed with bipartisan support last year and I hope it does again this year.”
If the petition leads to a hearing, district courts would have thirty days to expunge an individual’s criminal record from public access.
This bill is identical to Senate Bill 2 from the 2012 regular session. The bill passed the Senate and House last year but was vetoed by Governor Martinez.
Senate Bill 294 passed Senate Judiciary Committee with a 9 – 0 vote and will be debated in the Senate later this week.
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