Bill 697.

Summary.

The bill establishes mechanisms to clear police records for people whose criminal liability has ended. It covers convictions for low-harm offenses once the principal and ancillary sentences have been completed or the obligations arising from a substitute penalty have been satisfied. Where there is an identifiable victim, compensation is required. It adopts the principles of human dignity, social reintegration, proportionality, application of the more favorable law, the right to be forgotten in criminal matters, nondiscrimination and equality before the law.

It defines low-harm offenses as those punishable by a fine, fine-days, community service or imprisonment of no more than 3 years, and includes offenses with no individually identifiable victim or against society. It allows an application for the benefit in money laundering cases if the amount does not exceed 100,000 balboas (B/.I00,000.00), the offense is unrelated to terrorism, drug trafficking or organized crime, and the sentence has been completed. It also covers possession of cannabis for personal use in an amount stated in Art. 6 as “10 grams (5g),” provided there is no sale or repeat offense. It excludes homicide, femicide, sexual offenses, domestic violence, human trafficking, organized crime, terrorism and offenses against children and adolescents.

The bill applies retroactively to people who have already completed their principal and ancillary sentences; substitution with fine-days has the same effect once the associated obligations are satisfied. An interested person may request a certificate from the competent court stating that the sentence and ancillary penalties have been completed and that fines and financial liabilities have been paid. That certificate enables the clearing process to begin. Through legal counsel, the person submits the certificate, proof of compensation where there is an identifiable victim, a copy of their identity card and a power of attorney to the Judicial Investigation Directorate (Dirección de Investigación Judicial). The Directorate checks that there has been no repeat offense since completion of the sentence, decides within 30 business days and, if it grants the application, orders the police record cleared.

The Judicial Investigation Directorate communicates its decision to the Judicial Registry (Registro Judicial) and the relevant databases. Cleared records remain accessible solely for judicial purposes. Disclosure to private parties and discriminatory use in employment, commerce, administration or access to licenses, permits and jobs are prohibited. Unauthorized disclosure is a serious administrative offense, without excluding civil or criminal liability. A subsequent conviction automatically ends the benefit and generates a police record.

For offenses against the economic order involving no more than 50,000 balboas (B/.50,000.00), the bill adds conditions concerning a first conviction, related offenses, international alerts, completion of sentences and financial obligations, 5 years since completion of the sentence, and the absence of a pending investigation for an intentional offense. It specifies that clearing the record does not extinguish the judgment or erase historical judicial records. It also regulates property offenses or fraud involving up to 10,000 balboas (B/.10,000.00) and possession of up to 10 grams (10 g) of cannabis, subject to their respective conditions. The National Police (Policía Nacional) and the Judicial Investigation Directorate would adapt their systems within 6 months; the Judicial Branch (Órgano Judicial) would issue forms and certificates, and the Executive Branch (Órgano Ejecutivo) would issue implementing regulations within 6 months of promulgation. The matter would be relevant to employers and applicants for licenses or permits.