Bill Text: HI HB1065 | 2024 | Regular Session | Introduced

---

Bill Title: Relating To Expunging Juvenile Records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB1065 Detail]

Download: Hawaii-2024-HB1065-Introduced.html

---

HOUSE OF REPRESENTATIVES	H.B. NO.	1065
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EXPUNGING JUVENILE RECORDS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 571-88, Hawaii Revised Statutes, is amended to read as follows:

     (1)  By amending subsection (a) to read as follows:

     "(a)  The court may issue an order expunging a juvenile arrest record of a person upon written application by the person or, if the person is a minor, the minor's parent or guardian; provided the arrest was made pursuant to section 571-11(1) or (2) and the arrest record meets the following criteria:

     (1)  The matter was not referred to the prosecuting attorney or the family court and:

          (A)  The person was not counseled and released by the police; or

          (B)  The person was counseled and released by the police and the person has become an adult; or

          (C)  The person has completed a diversion program that the person was referred to by the arresting law enforcement agency, and the person is 16 years of age or older and without an arrest for one year prior to application; or

     (2)  The matter was referred to the prosecuting attorney or family court and:

          (A)  The person was not adjudicated responsible by the court; or

          (B)  The matter was dismissed with prejudice."

     (2)  By amending subsection (e) to read as follows:

     "(e)  As used in this section:

     "Arrest record" means any record maintained by a county police department or the department of the attorney general under chapters 846 and 846D, relating to the arrest of the minor for a specific offense, including fingerprints taken during the arrest and maintained under section 846-2.5(b).

     "Diversion program" means a program delivering an intervention approach that redirects a minor away from formal processing in the juvenile justice system while still holding the minor accountable for the minor's actions, and with the goal to remove the minor as early as possible from the juvenile justice process to avoid later negative outcomes.

     "Expunge" means a process defined by agency policy in which records are segregated and kept confidential, or destroyed."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Expungement of Juvenile Arrest Records; Diversion Program

 

Description:

Adds additional circumstances in which family courts may expunge juvenile arrest records.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.