Bill Text: HI HB1735 | 2022 | Regular Session | Introduced
Bill Title: Relating To Expungement.
Spectrum: Partisan Bill (Democrat 28-0)
Status: (Introduced - Dead) 2022-01-26 - Referred to JHA, referral sheet 2 [HB1735 Detail]
Download: Hawaii-2022-HB1735-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1735 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to expungement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-64, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Notwithstanding section 831‑3.2 or any
other law to the contrary, the court shall automatically issue an expungement
order for a person convicted of a first-time violation under subsection
(b)(1), who had no prior alcohol enforcement contacts, [may apply to the
court for an expungement order] upon [attaining] the person's attainment
of the age of twenty-one[, or thereafter, if]; provided that
the person has fulfilled the terms of the sentence imposed by the court and has
had no subsequent alcohol or drug related enforcement contacts."
SECTION 2. Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsections (4) and (5) to read as follows:
"(4) Upon [written application from a person sentenced
under this part or a probation officer,] the successful completion of the
substance abuse treatment program and compliance with all other terms and conditions
of probation, the court shall automatically issue a court order to
expunge the record of conviction for that particular offense[; provided that
a person has successfully completed the substance abuse treatment program and complied
with other terms and conditions of probation.
A] for every person convicted under this part; provided that a
person sentenced to probation under this section who has not previously
been sentenced under this section shall be eligible for one time only
for expungement under this subsection.
(5) [Upon motion from a] The court shall
automatically issue an expungement order pertaining to the conviction for the possession
of marijuana under section 712-1249 for every person convicted for the
possession of marijuana under section 712-1249 arising from a set of facts and
circumstances that resulted in no other criminal charge[, the court shall
grant an expungement order pertaining to the conviction for the offense];
provided that the amount of marijuana for which the person was convicted of
possessing was three grams or less."
SECTION 3. Section 706-622.8, Hawaii Revised Statutes, is amended to read as follows:
"[[]§706-622.8[]] First-time drug offender prior to 2004;
probation; expungement. [A] The
court shall issue a court order to expunge the record for the drug offense of a
person sentenced prior to July 1, 2004, for a first-time drug offense,
pursuant to section 706‑622.5, and who otherwise meets all the
requirements of section 706‑622.5[, may apply to the court for
expungement of the record of conviction for the drug offense. The court shall issue a court order to
expunge the record of conviction for the drug offense]; provided that
the person has successfully completed a substance abuse treatment program and
has complied with the other terms and conditions set by the court. A person granted an expungement of conviction
under this section or section 706-622.5(4) shall not be eligible for another
expungement of conviction under this section or section 706‑622.5."
SECTION 4. Section 706-622.9, Hawaii Revised Statutes, is amended to read as follows:
"(3) Upon [written application from a person
sentenced under this part or a probation officer,] the successful completion
of the substance abuse treatment program and compliance with all other terms and
conditions of probation, the court shall automatically issue a court
order to expunge the record of conviction for that particular offense[;
provided that a person has successfully completed the substance abuse treatment
program and complied with other terms and conditions of probation. A] for every person convicted under this
part; provided that a person sentenced to probation under this section
shall be eligible for expungement under this subsection only if the person has
not been previously convicted of a felony offense in this or another
jurisdiction."
SECTION 5. Section 831-3.2, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a)
The attorney general, or the attorney general's duly authorized
representative within the department of the attorney general, [upon written
application from a person arrested for, or charged with but not convicted of a
crime, or found eligible for redress under chapter 661B,] shall automatically
issue an expungement order annulling, canceling, and rescinding the record of
arrest[;] for every person arrested for, or charged with but not convicted
of a crime, or found eligible for redress under chapter 661B; provided that
an expungement order shall not be issued:
(1) In
the case of an arrest for a felony or misdemeanor where conviction has not been
obtained because of bail forfeiture;
(2) For
a period of five years after arrest or citation in the case of a petty
misdemeanor or violation where conviction has not been obtained because of a
bail forfeiture;
(3) In
the case of an arrest of any person for any offense where conviction has not
been obtained because the person has rendered prosecution impossible by
absenting oneself from the jurisdiction;
(4) In
the case of a person who was involuntarily hospitalized
pursuant to section 706‑607, or who was acquitted or had charges
dismissed pursuant to chapter 704 due to a physical or mental disease,
disorder, or defect; and
(5) For
a period of one year upon discharge of the defendant and dismissal of the
charge against the defendant in the case of a deferred acceptance of guilty
plea or nolo contendere plea, in accordance with chapter 853.
Any person [entitled to] for whom
an expungement order has been entered under this section may by written
application [also] request return of all fingerprints or photographs
taken in connection with the person's arrest.
The attorney general or the attorney general's duly authorized
representative within the department of the attorney general, within one
hundred twenty days after receipt of the written application, shall, when
requested, deliver, or cause to be delivered, all fingerprints or photographs
of the person, unless the person has a record of conviction or is a fugitive
from justice, in which case the photographs or fingerprints may be retained by
the agencies holding the records.
(b)
Upon the issuance of the expungement certificate, the person [applying
for the order] for whom an expungement order has been entered shall
be treated as not having been arrested in all respects not otherwise provided
for in this section."
2. By amending subsection (f) to read:
"(f) [Any person for whom an expungement order
has been entered may request in writing that] Upon the issuance of an expungement
order, the attorney general or the attorney general's duly authorized
representative within the department of the attorney general, shall transmit a copy
of the expungement order to the court. Upon
receipt of the expungement order, the court shall automatically seal
or otherwise remove all judiciary files and other information pertaining to the
applicable arrest or case from the judiciary's publicly accessible electronic
databases. The court shall make good
faith diligent efforts to seal or otherwise remove the applicable files and
information within a reasonable time."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2022.
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INTRODUCED BY: |
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Report Title:
Automatic Expungement; Arrests; Convictions; Records
Description:
Amends the existing expungement process to an automatic process, rather than requiring persons to petition the court or attorney general.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
