The Puerto Rico Court of Appeals ruled on April 20, 2026, in the case of Elvin Antonio Marco Martinó, addressing the complexities of expunging criminal records. The court confirmed a lower court's decision to remove a felony conviction from Martinó's record but denied his request to eliminate his fingerprints and booking photographs. This ruling affects individuals seeking to clear their criminal records in Puerto Rico.

Elvin Antonio Marco Martinó sought to have his criminal record cleared after serving his sentence for a felony conviction. He argued that more than five years had passed since he completed his sentence, and he had not committed any further crimes. The case reached the Court of Appeals after the lower court granted Martinó's request to expunge his conviction but denied the removal of his fingerprints and photographs, citing a previous ruling by the Puerto Rico Supreme Court.

The dispute centers around the interpretation of laws governing the expungement of criminal records in Puerto Rico. Martinó filed a petition under Law No. 314-2004 and Law No. 143-2014, which outline the procedures for removing felony convictions from criminal records. The lower court initially agreed to expunge the conviction but rejected the request for the removal of identifying information, referencing the Supreme Court's decision in Santiago Cora v. ELA.

In the ruling, the court stated, "[e]stá obligado por el precedente establecido por la clara decisión del Tribunal Supremo de Puerto Rico en el caso de Santiago Cora v. ELA, supra, y no puede ordenar la eliminación de sus huellas dactilares ni fotografías de fichaje de los récords del Estado." This translates to the court being bound by the precedent set in the Santiago Cora case, which limited the circumstances under which fingerprints and photographs could be removed from state records.

The Court of Appeals confirmed the lower court's decision, stating that while Martinó's felony conviction could be expunged, the law does not permit the removal of fingerprints and photographs unless the individual has been acquitted or granted a full pardon. The ruling emphasized that the law recognizes the need for retaining certain identifying information for public safety and investigative purposes.

This ruling has significant implications for individuals in Puerto Rico who wish to expunge their criminal records. While it affirms the ability to remove felony convictions after a certain period, it also clarifies that the removal of fingerprints and photographs remains restricted. The court's decision reinforces the balance between an individual's right to privacy and the state's interest in maintaining public safety.

Moving forward, this ruling may influence future cases involving the expungement of criminal records in Puerto Rico. Individuals seeking to clear their records will need to navigate the complexities of existing laws and precedents. The decision also highlights the importance of understanding the limitations of expungement processes, particularly regarding identifying information.

As for what’s next, it is unclear whether Martinó will appeal this decision to the Puerto Rico Supreme Court. There may also be related cases pending that could further clarify the laws surrounding criminal record expungement in Puerto Rico. The court filing did not provide details on any potential appeals or related cases.