FGGAM NEWS just received this news release from House Republicans:
House Republicans Speak Out Against Recreational Marijuana Bill that Includes Mandatory Removal of Criminal Records
Bill Requires Criminal Record Removal after Only Two Years – Regardless of Crime
Santa Fe – House Republicans are speaking out against a little-known provision in House Bill 356 (HB 356,) also known as the recreational marijuana bill. Hidden within HB 365 is a new law which would expunge the criminal record of anyone convicted of any crime, even violent crimes, two years after their marijuana arrest. Simply put, someone dealing marijuana at a school would have the record cleared after two years no matter their age, even if they commit additional crimes that had nothing to do with illegal drugs.
“This is almost a complete ‘get out of jail free’ card,” said Rep. Gregg Schmedes (R-Tijeras.) “The way this bill is written, it almost incentivizes criminals to get caught with drugs so their record could be cleared.”
In one analysis of the bill, the Administrative Office of the Courts stated:
This would require courts to destroy physical records of non-marijuana related charges in these cases and to remove electronic records of these cases from public or court user view in the case management system. These additional offenses could be entirely unrelated to marijuana possession, use, or trafficking. Removing information about these additional offenses is not related to ensuring that persons charged with marijuana related offenses are not stigmatized or penalized by the marijuana-related offenses. Rather, it may result in important information about non-marijuana criminal offenses not being available to the public, law enforcement, or the courts. (Emphasis added.)
HB 356 has already passed one committee and is currently in the House Judiciary Committee.
