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Bill seeks to erase criminal records of some pot, firearms-related offenders
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Posted on Jul 29 2022
Babauta
Rep. Celina R. Babauta has introduced a bill, House Bill 22-110, that would provide a way to erase or completely remove the criminal records of certain marijuana and firearms-related offenders.
Babauta, who chairs the House of Representatives Judiciary and Governmental Operations Committee, noted that numerous U.S. jurisdictions, including many that have already legalized cannabis use, have passed legislation permitting expungement of criminal records for cannabis possession or distribution. The Commonwealth legalized cannabis or marijuana for recreational use, with the enactment of Public Law 20-66.
Babauta, said that, in keeping with the movement in the CNMI and nationally toward criminal justice reform, rehabilitation, and restorative justice, expungement of marijuana possession conviction serves the interest of reducing carceral and punitive approaches to public health problems.
Babauta said Public Law 19-73 repealed the Weapons Control Act in force prior to the application of the District of Columbia v. Heller case interpretation of the Second Amendment by the U.S. District Court for the NMI.
However, she said, Public Law 19-73 did not provide for extinguishing criminal liability that attached under the repealed statutes. Babauta said offenders convicted under the repealed statutes should have recourse to expunge their convictions.
Under Babauta’s legislation, upon motion from a person convicted of marijuana arising from a set of facts and circumstances that resulted in no other criminal charge, the court shall grant an expungement order pertaining to the conviction for the offense, provided that the amount of marijuana for which the person was convicted of possessing was 30 grams or less.
Upon motion from a person convicted for a weapon control offense arising from a set of facts and circumstances that resulted in no other criminal charges, the court shall grant an expungement order pertaining to the conviction for the offense.
