Hawaii 2024 Regular Session

Hawaii Senate Bill SB2007 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2007 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to the expungement of criminal records. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2007
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2007
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to the expungement of criminal records.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 831, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§831- Automatic expungement orders; records of arrest and conviction. (a) Notwithstanding the provisions of sections 291E-64(e), 706‑622.5(4), 706-622.9(3), 712-1200(4)(c), 853‑1(e), and any other law having more restrictive eligibility requirements for expungement than those set forth in this subsection, a person who is eligible to apply for expungement of an arrest record under section 831-3.2 shall be eligible for automatic expungement of an arrest record and records of any court proceedings stemming from the same arrest, including a record of conviction; provided that: (1) The arrest or conviction was: (A) A direct result of the person being a victim of an offense of trafficking under section 707-781, 707-782, or 712-1202; (B) For any offense under section 329-43.5, except offenses under subsections (a) and (b) of that section, which constitute violations involving the possession or use of drug paraphernalia; (C) For any felony offense under part IV of chapter 712 involving the possession of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712-1240; or (D) For any petty misdemeanor or misdemeanor offense except: (i) Abuse of family or household members under section 709-906; or (ii) Operating a vehicle under the influence of an intoxicant under section 291E-61; and (2) The person meets the following criteria: (A) If the person has an arrest or conviction record for a petty misdemeanor or misdemeanor offense: (i) Five years or more have elapsed from the date of conviction for the offense, or the date of release from incarceration if sentenced to a term of incarceration, whichever is later; or from the date of arrest if there was no resulting conviction; and (ii) The person has not subsequently been convicted of any petty misdemeanor, misdemeanor, or felony offense; and (B) If the person has an arrest or conviction record for a felony offense: (i) Seven years or more have elapsed from the date of conviction for the offense, or the date of release from incarceration if sentenced to a term of incarceration, whichever is later; or from the date of arrest if there was no resulting conviction; and (ii) The person has not subsequently been convicted of any petty misdemeanor, misdemeanor, or felony offense. (b) Beginning on January 1, 2025, on a monthly basis, the department of the attorney general shall: (1) Identify arrest records that meet the criteria for issuance of an expungement order under section 831‑3.2(a); provided that the person whose arrest is reflected in the arrest record also meets the criteria specified in subsection (a); and (2) Automatically issue an expungement order annulling, canceling, and rescinding the record of arrest, and, accordingly, issue the affected person an expungement certificate as required by section 831-3.2(e). (c) Any state or county law enforcement agency that is required to take certain actions in response to the expungement of an arrest record under section 831-3.2 shall do so with respect to any automatic expungement of an arrest record that occurs under this section. (d) A person associated with arrest or conviction records that are eligible for automatic expungement under this section shall not be required to file a written application seeking expungement in order for the expungement process to occur as prescribed by this section; provided that nothing in this section shall preclude a person who is eligible for automatic expungement under this section from filing a written application for expungement of records under section 831-3.2 if the automatic expungement required by subsection (b) has not timely occurred. (e) Beginning on January 1, 2025, on a monthly basis, the judiciary shall automatically seal or otherwise remove from the judiciary's publicly accessible electronic databases all judiciary files and other information pertaining to the applicable arrest, court proceeding, or conviction, with respect to any person for whom an expungement order has been issued pursuant to subsection (b). The court shall make good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time after issuance of the expungement order. The court shall provide written notice to an affected person that the person's records are scheduled to be sealed on a given date, and shall provide the person with a reasonable opportunity to obtain a copy of the records prior to the date that the records are scheduled to be sealed. (f) As used in this section: "Arrest record" has the same meaning as in section 831-3.2. "Conviction" has the same meaning as in section 831-3.2. (g) The attorney general shall adopt rules pursuant to chapter 91 necessary for the purpose of this section. (h) Nothing in this section shall affect the compilation of crime statistics or information stored or disseminated as provided in chapter 846." SECTION 2. Section 831-3.2, Hawaii Revised Statutes, is amended by amending its title to read as follows: "§831-3.2 Expungement orders[.]; records of arrest." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 831, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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51	51	"§831- Automatic expungement orders; records of arrest and conviction. (a) Notwithstanding the provisions of sections 291E-64(e), 706‑622.5(4), 706-622.9(3), 712-1200(4)(c), 853‑1(e), and any other law having more restrictive eligibility requirements for expungement than those set forth in this subsection, a person who is eligible to apply for expungement of an arrest record under section 831-3.2 shall be eligible for automatic expungement of an arrest record and records of any court proceedings stemming from the same arrest, including a record of conviction; provided that:
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53	53	(1) The arrest or conviction was:
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55	55	(A) A direct result of the person being a victim of an offense of trafficking under section 707-781, 707-782, or 712-1202;
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57	57	(B) For any offense under section 329-43.5, except offenses under subsections (a) and (b) of that section, which constitute violations involving the possession or use of drug paraphernalia;
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59	59	(C) For any felony offense under part IV of chapter 712 involving the possession of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712-1240; or
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61	61	(D) For any petty misdemeanor or misdemeanor offense except:
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63	63	(i) Abuse of family or household members under section 709-906; or
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65	65	(ii) Operating a vehicle under the influence of an intoxicant under section 291E-61; and
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67	67	(2) The person meets the following criteria:
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69	69	(A) If the person has an arrest or conviction record for a petty misdemeanor or misdemeanor offense:
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71	71	(i) Five years or more have elapsed from the date of conviction for the offense, or the date of release from incarceration if sentenced to a term of incarceration, whichever is later; or from the date of arrest if there was no resulting conviction; and
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73	73	(ii) The person has not subsequently been convicted of any petty misdemeanor, misdemeanor, or felony offense; and
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75	75	(B) If the person has an arrest or conviction record for a felony offense:
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77	77	(i) Seven years or more have elapsed from the date of conviction for the offense, or the date of release from incarceration if sentenced to a term of incarceration, whichever is later; or from the date of arrest if there was no resulting conviction; and
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79	79	(ii) The person has not subsequently been convicted of any petty misdemeanor, misdemeanor, or felony offense.
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81	81	(b) Beginning on January 1, 2025, on a monthly basis, the department of the attorney general shall:
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83	83	(1) Identify arrest records that meet the criteria for issuance of an expungement order under section 831‑3.2(a); provided that the person whose arrest is reflected in the arrest record also meets the criteria specified in subsection (a); and
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85	85	(2) Automatically issue an expungement order annulling, canceling, and rescinding the record of arrest, and, accordingly, issue the affected person an expungement certificate as required by section 831-3.2(e).
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87	87	(c) Any state or county law enforcement agency that is required to take certain actions in response to the expungement of an arrest record under section 831-3.2 shall do so with respect to any automatic expungement of an arrest record that occurs under this section.
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89	89	(d) A person associated with arrest or conviction records that are eligible for automatic expungement under this section shall not be required to file a written application seeking expungement in order for the expungement process to occur as prescribed by this section; provided that nothing in this section shall preclude a person who is eligible for automatic expungement under this section from filing a written application for expungement of records under section 831-3.2 if the automatic expungement required by subsection (b) has not timely occurred.
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91	91	(e) Beginning on January 1, 2025, on a monthly basis, the judiciary shall automatically seal or otherwise remove from the judiciary's publicly accessible electronic databases all judiciary files and other information pertaining to the applicable arrest, court proceeding, or conviction, with respect to any person for whom an expungement order has been issued pursuant to subsection (b). The court shall make good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time after issuance of the expungement order. The court shall provide written notice to an affected person that the person's records are scheduled to be sealed on a given date, and shall provide the person with a reasonable opportunity to obtain a copy of the records prior to the date that the records are scheduled to be sealed.
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93	93	(f) As used in this section:
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95	95	"Arrest record" has the same meaning as in section 831-3.2.
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97	97	"Conviction" has the same meaning as in section 831-3.2.
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99	99	(g) The attorney general shall adopt rules pursuant to chapter 91 necessary for the purpose of this section.
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101	101	(h) Nothing in this section shall affect the compilation of crime statistics or information stored or disseminated as provided in chapter 846."
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103	103	SECTION 2. Section 831-3.2, Hawaii Revised Statutes, is amended by amending its title to read as follows:
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105	105	"§831-3.2 Expungement orders[.]; records of arrest."
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107	107	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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109	109	SECTION 4. This Act shall take effect upon its approval.
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113	113	INTRODUCED BY: _____________________________
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115	115	INTRODUCED BY:
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117	117	_____________________________
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123	123	Report Title: Criminal Records; Arrest; Conviction; Automatic Expungement Description: Expands eligibility for, and automates, the expungement of arrest and conviction records for certain misdemeanors, crimes as a result of being a victim of human trafficking, and crimes relating to possession or use of controlled substances if certain criteria are met, including the lack of a conviction record for a specified time period following the date of an arrest, conviction, or release from incarceration. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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129	129	Report Title:
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131	131	Criminal Records; Arrest; Conviction; Automatic Expungement
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135	135	Description:
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137	137	Expands eligibility for, and automates, the expungement of arrest and conviction records for certain misdemeanors, crimes as a result of being a victim of human trafficking, and crimes relating to possession or use of controlled substances if certain criteria are met, including the lack of a conviction record for a specified time period following the date of an arrest, conviction, or release from incarceration.
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145	145	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.