Court hears bid to erase felony arrest record

Charges against paramedic were dropped in settlement with city

The New Mexico Supreme Court heard arguments Wednesday in a case that could decide whether judges have the authority to order law enforcement agencies to expunge felony arrest records.

The case stems from an eight-year-old dispute between an Albuquerque police officer and a paramedic, Christine Stump, who was arrested for battery on a police officer and now wants a judge to order APD to expunge her arrest record. Expungement would delete the arrest from official records that are now available to the public.

The dispute began when Stump, who was working as a paramedic for Presbyterian Healthcare Services ambulance company, grabbed the arm of APD officer Regina Sanchez as the two argued about who had priority over the scene after a woman attempted suicide. The next day, a team of police officers arrested Stump at her home on a charge of battery on a police officer.

City officials sent the dispute into mediation, where attorneys for both Presbyterian and APD

reached a settlement agreement, and APD agreed to drop criminal charges against Stump.

Unlike most states, New Mexico law offers no guidance on the issue of expunging felony arrest records. New Mexico lawmakers have taken up the issue at least 11 times since 2005, and passed four bills. Two were vetoed by Gov. Bill Richardson, and two by Gov. Susana Martinez.

New Mexico Supreme Court justices heard oral arguments and questioned lawyers for Stump and the city for more than an hour about a wide range of issues related to the 2008 case. Justices also heard from an attorney for the New Mexico Foundation for Open Government who said that the public has an interest in knowing why someone is arrested by law enforcement officers.

“It is almost never in the public interest to withdraw public records,” Greg Williams, lead attorney for FOG, told justices.

Jocelyn Drennan, an Albuquerque attorney for Stump, said that in the absence of state law, the court needs to take “lawmaking action” that would give judges authority to expunge felony arrest records. Drennan is asking justices to remand the case back to 2nd Judicial District Judge Clay Campbell with instructions to order the record expunged.

Campbell ruled in 2015 that, while he was sympathetic to Stump’s case, New Mexico judges lack the authority to expunge records.

Several justices questioned Drennan in search of criteria, or “standards,” by which judges could decide when they have the authority to expunge records.

Justice Judith Nakamura said that many people feel they were unfairly arrested and might seek to have their records expunged. “Aren’t we opening the floodgate?” she asked.

Drennan responded that Stump’s case is unusual because a settlement was reached in 2008 in which the city agreed not to pursue criminal charges against her, and city attorneys agreed to help Stump expunge her arrest.

Albuquerque City Attorney Jessica Hernandez told justices that the settlement required Stump to seek expungement through the courts. Campbell’s ruling left APD unable to expunge Stump’s arrest record. “The department’s practice is that it does not unilaterally expunge records,” she said.