Erasing criminal pasts is a bad idea

By Michael Corwin

Women could be shot dead in cold blood because some legislators think that giving convicted criminals the legal authority to lie about their criminal pasts and conceal the facts of their crimes from public scrutiny is more important than public safety. To prevent this from happening, New Mexico’s legislators should vote no on criminal record expungement bills sponsored Antonio “Moe” Maestas (House Bill 866) and Michael Sanchez (Senate Bill 649).

Failing that, Gov. Bill Richardson should wield his mighty veto pen and end this misguided legislation.

Domestic abuse and murder in NM

The New Mexico Female Intimate Partner Violence Death Review Team was established in 1997 “to review female homicide deaths that resulted from intimate partner violence against women.” Each year, the team publishes its findings in a publication called “Getting Away with Murder.” The study clearly shows the dangers to women involved in relationships with domestic abusers. Almost two-thirds (63 percent) of New Mexico women murdered each year by an intimate partner died from gunshot wounds.

One look at any year’s study should be enough for our legislators to know the exponential risk that woman face should domestic abusers be able to lawfully hide their past. But, it’s not just New Mexico that is aware of these risks. The U.S. Supreme Court weighed in last week on the side of protecting women from gunshot deaths by domestic abusers.

Laying down the law of the land

Two weeks ago, the Supreme Court ruled 7-2 in United States v. Hayes to strengthen a 1996 ban permanently preventing convicted domestic abusers from owning a gun. The expanded ban applies to misdemeanors and felony convictions, including any battery in which the victim and abuser have a domestic relationship.

Justice Ruth Bader Ginsburg wrote, “firearms and domestic strife are a potentially deadly combination nationwide.” New Jersey Sen. Frank Lautenberg praised Ginsburg’s opinion, writing that the decision “means we can continue keeping guns out of dangerous hands and saving innocent lives.”

Except in New Mexico. The Maestas and Sanchez bills would mean that domestic abusers in New Mexico would be able to conceal their convictions and legally own guns.

Expungement

Maestas and Sanchez propose in their bills to allow people convicted of felony and misdemeanor charges to make the records disappear from public view and from law enforcement databases. Those convicted would lawfully be able to lie about past convictions, as the expungement would create a situation whereby the crimes and convictions never occurred. The bad acts never occurred. The records disappear.

Under these bills those who expunge their convictions for domestic abuse would get to lawfully own guns. They would get to conceal their convictions not only from the women in their lives, but from law enforcement and the public.

A better way

Advocates push for expungement to make it easier for those convicted of a crime to secure a job, rent an apartment or run for political office. However, the flip side means that employers, landlords and voters are prohibited from knowing the details of the crime and conviction.

New Mexico already offers convicted felons the ability to restore voting and other citizenship rights lost due to a felony conviction. The public and those convicted would be better served through an expanded clemency and pardon process, a proven process that benefits those who have turned their lives around without removing their past deeds from public view.

Corwin, an investigator with over 20 years of experience, operates the Albuquerque-based firm Corwin Research & Investigations, LLC.

Comments are closed.