Rep. Stanley T. Torres, who sponsored House Bill 17-52, or the Expungement Act of 2010, said many law-abiding citizens of the CNMI are “unfairly burdened and unduly prejudiced for life by the stigma and the record associated with a criminal offense they committed in the past.”
The Fitial administration has been criticized for hiring people with criminal records or nominating them to government positions.
Torres, Ind.-Saipan, is aligned with the ruling Covenant Party.
He said convicted felons who have paid their dues to society should not be denied opportunities.
“These citizens lose employment opportunities and suffer other harsh consequences, even though they have already been punished, have already repaid society for their past mistake, and have been rehabilitated as good citizens,” said Torres. “These citizens deserve a fresh start in life once they have paid their dues to society and have shown contrition and been rehabilitated, and sufficient time has passed to prove their overall respect for the laws of the land.”
According to his bill which remains pending in the House, a convicted felon may petition the court to expunge all records of such conviction after at least five years have passed since the court, the Department of Probation and the Division of Parole have all terminated, lost or relinquished supervision or jurisdiction on him or her.
For misdemeanor, petty or traffic offenses, a three-year time is needed after the conviction to petition for an expungement.
The Attorney General’s Office should be provided a copy of the petition for expungement.
After holding a hearing and the court is satisfied that “no manifest injustice will be suffered by the granting of the petition for expungement, the court shall order that the prior conviction be expunged.”
Within 30 days after the issuance of the order to expunge, all court records relating to arrest, detention, incarceration, information, trial, adjudication or conviction will be destroyed.
A clause in the bill, however, exempts from the right of expungement convicted sexual offenders and felons convicted in federal court or in a foreign land.
//
