Panama Assembly debates bill to expunge criminal records, sparking criticism

A legislative proposal in Panama's National Assembly is generating divided opinions as it seeks to regulate the administrative cancellation of police records for individuals who have served sentences of up to three years. The bill, recently approved by the Government Commission and championed by Deputy Isaac Mosquera, is presented as a measure to foster human dignity and help those who have made mistakes re-enter society by providing access to employment and personal development.

However, the initiative faces significant opposition. Deputy Alexandra Brenes voted against the bill's approval, arguing that it falls short of truly addressing the resocialization of former inmates. "Resocialization goes far beyond the forgetting of sentences or what a judge may impose. It primarily involves a comprehensive approach that includes work and real opportunities," Brenes stated, questioning the bill's sufficiency in achieving meaningful rehabilitation.

The bill outlines procedures for administrative cancellation of police records for convictions under three years. It specifies that this cancellation would not erase judicial warnings or historical records maintained by courts or the National Police for investigative purposes. This distinction aims to balance the opportunity for a fresh start with the need for continued law enforcement oversight.

Concerns have also been voiced by civil society groups. Leah de Boersner, a representative of Civil Society, pointed out inconsistencies within the bill, particularly concerning the exclusion of certain crimes. While the bill mentions excluding corruption offenses, its specific application and definitions have drawn criticism. De Boersner noted that while corruption is listed as excluded, other articles seem to imply its inclusion under certain conditions, creating ambiguity. The proposal also includes offenses related to public administration, some money laundering cases under $100,000, and fraud in public contracts.

Critics suggest that the bill requires substantial revision, with some advocating for a complete redraft due to the noted inconsistencies. This marks the second attempt by Deputy Isaac Mosquera to introduce similar legislation. The bill must now proceed through the legislative process, including three debates, before potentially becoming law.

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Resocialization goes far beyond the forgetting of sentences or what a judge may impose. It primarily involves a comprehensive approach that includes work and real opportunities.