Bill Text: HI SB2689 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Expungement.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-26 - Re-Referred to JDC, WAM. [SB2689 Detail]

Download: Hawaii-2024-SB2689-Introduced.html

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THE SENATE	S.B. NO.	2689
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EXPUNGEMENT.

 

 

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

 

PART I

     SECTION 1.  The legislature finds that approximately seventy million persons in the United States have a criminal record.  In some instances, the person was arrested but ultimately not convicted of a crime.  The legislature recognizes that arrest and conviction records can adversely affect a person's financial security and limit their ability to obtain housing, employment, or a professional license.

     The legislature also recognizes that many persons in the United States have been arrested or convicted of a marijuana‑related offense that has since been decriminalized by the state.  In 2019, the legislature passed Act 273, decriminalizing the possession of three grams or less of marijuana.  Despite the decriminalization, some persons still have prior arrest records or conviction records for related charges that affect their employment and housing options.

     The legislature further recognizes that many states, including Hawaii, allow criminal records to be expunged under certain circumstances.  However, these processes generally require an eligible person to navigate the court system and to pay court fees.  According to the National Conference of State Legislatures, at least twenty states have developed state‑initiated processes to expunge certain criminal records at no cost to the record holder to ease the logistical and financial barriers to receiving an expungement.

     Accordingly, the purpose of this Act is to create a state‑initiated process to expunge certain criminal records at no cost to the record holder.

PART II

     SECTION 2.  Chapter 831, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§831-     State-initiated expungements for certain drug‑related offenses.  (a)  Notwithstanding section 831-3.2 or any other law to the contrary, the department of the attorney general shall issue, without petition and on the department's own initiative, an expungement order annulling, canceling, and rescinding all criminal records, including records of arrest and any records of conviction, for offenses pursuant to section 712‑1249, including any:

     (1)  Civil violation;

     (2)  Misdemeanor conviction;

     (3)  Juvenile conviction;

     (4)  Arrest record for persons charged with an offense pursuant to 712-1249 but not convicted of a crime; or

     (5)  Conviction pursuant to section 712-1249 that is eligible for redress pursuant to chapter 661B.

     (b)  In eligible cases, an expungement order shall be issued pursuant to this section notwithstanding the existence of any:

     (1)  Prior arrests, convictions, or civil adjudications;

     (2)  Other pending criminal charges;

     (3)  Convictions for other counts within the same case that are not eligible for expungement pursuant to this section or other applicable laws; or

     (4)  Outstanding court-imposed or court-related fees, fines, costs, assessments, or charges.

     (c)  Any outstanding fees, fines, costs, assessments, or charges related to a case eligible for expungement pursuant to this section shall be waived.

     (d)  Upon the issuance of an expungement order, a person whose criminal record has been expunged shall be treated as not having been arrested or convicted in all respects and for any purposes, including for purposes of sentencing or the imposition of any penalty for any subsequent crime or civil violation.

     (e)  Upon the issuance of the expungement order, all records pertaining to the arrest or conviction that are in the custody or control of any law enforcement agency of the State or any county government shall be sealed or destroyed.

     (f)  Records sealed or destroyed pursuant to subsection (e) shall not be divulged pursuant to section 831-3.2(d).

     (g)  Any person with an arrest or conviction eligible for expungement pursuant to this section may request a copy of the person's criminal history to verify that the record has been updated.

     (h)  Any person for whom an expungement order has been issued may obtain from the department of the attorney general, for a reasonable fee, an expungement certificate stating that the expungement order has been issued and that its effect is to annul the record of a specific arrest or conviction.

     (i)  Nothing in this section shall be construed to restrict or modify a person's rights to have a record expunged pursuant to section 831-3.2 or to diminish or abrogate any other rights or remedies available to the person.

     (j)  The department of the attorney general may adopt rules pursuant to chapter 91 necessary for the purpose of this section.

     (k)  For purposes of this section:

     "Arrest record" shall have the same meaning as defined in section 831-3.2.

     "Conviction" shall have the same meaning as defined in section 831-3.2."

PART III

     SECTION 3.  (a)  Within thirty days of the effective date of this Act, the Hawaii criminal justice data center shall identify all available records that qualify for expungement pursuant to section 831-   , Hawaii Revised Statutes, and shall provide a list of these records to:

     (1)  The office of the attorney general;

     (2)  The office of the prosecuting attorney for each county;

     (3)  Each county police department; and

     (4)  Each state court.

     (b)  The Hawaii criminal justice data center shall submit a report to the legislature no later than June 30 and December 31 of each year until an order of expungement has been issued for each record eligible for expungement pursuant to section 831‑   , Hawaii Revised Statutes, as of the effective date of this Act.  The report shall include:

     (1)  The total number of records initially identified as eligible for expungement pursuant to section 831-   , Hawaii Revised Statutes;

     (2)  The total number of past convictions remaining in the statewide central repository of adult criminal history that are potentially eligible for expungement;

     (3)  The total number of expungement orders granted by the department of the attorney general, disaggregated by county;

     (4)  The total number of records sealed or otherwise removed by each county police department, office of the prosecuting attorney, and any state or county agency;

     (5)  The total number of records sealed or otherwise removed from the judiciary's publicly accessible electronic databases; and

     (6)  The demographics, where available, including age, race, ethnicity, gender, income level, and educational attainment level, of all persons granted an expungement pursuant to section 831-   , Hawaii Revised Statutes.

PART IV

     SECTION 4.  (a)  No later than sixty days after receiving from the Hawaii criminal justice data center the list of records eligible for expungement pursuant to section 831-   , Hawaii Revised Statutes, the department of the attorney general shall issue an expungement order in each case and shall notify the judiciary of the applicable person's name, date of birth, and court case number, or the most appropriate identifying information for each expungement.

     (b)  If an expungement order applies only to certain counts of a conviction involving multiple counts, the department of the attorney general shall clearly state in the expungement order which counts are expunged and which counts are not expunged.  In these circumstances, any expungement pursuant to section 831‑   , Hawaii Revised Statutes, shall not affect the records related to any count or conviction in the same case that is not eligible for expungement.

     (c)  The department of the attorney general and its employees and agents shall be immune from any civil liability for any act or omission, taken in good faith, arising out of and in the course of participating in or assisting with the expungement procedures set forth in this Act.  The immunity shall be in addition to, and not in limitation of, any other immunity provided by law.

PART V

     SECTION 5.  (a)  No later than one year after receiving from the Hawaii criminal justice data center the list of records eligible for expungement pursuant to section 831-   , Hawaii Revised Statutes, the office of the prosecuting attorney for each county and each county police department shall seal all records relating to each eligible case, including, where applicable, any records of arrest, indictment, trial, verdict, dismissal, or discharge.

     (b)  Each office of the prosecuting attorney and county police department shall update the Hawaii criminal justice data center on a monthly basis until all eligible records are sealed or otherwise removed pursuant to this Act.

     (c)  Each office of the prosecuting attorney, county police department, and each office or department's employees and agents shall be immune from any civil liability for any act or omission, taken in good faith, arising out of and in the course of participating in or assisting with the expungement procedures set forth in this Act.  The immunity shall be in addition to, and not in limitation of, any other immunity provided by law.

PART VI

     SECTION 6.  (a)  No later than one year after receiving notice of the records eligible for expungement pursuant to this Act, the judiciary shall seal or otherwise remove from its publicly accessible electronic databases all judiciary files and other information pertaining to each eligible case, including, where applicable, any records of arrest, indictment, trial, verdict, dismissal, or discharge.

     (b)  The judiciary shall update the Hawaii criminal justice data center on a monthly basis until all eligible records are sealed or otherwise removed pursuant to this Act.

     (c)  Each employee and agent of the judiciary shall be immune from any civil liability for any act or omission, taken in good faith, arising out of and in the course of participating in or assisting with the expungement procedures set forth in this Act.  The immunity shall be in addition to, and not in limitation of, any other immunity provided by law.

PART VII

     SECTION 7.  The judiciary and department of the attorney general may seek assistance from the university of Hawaii William S. Richardson school of law or Hawaii innocence project's beyond guilt clinic to carry out the purpose of this Act.

PART VIII

     SECTION 8.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

 

 

Report Title:

Marijuana Possession; Expungement; Reports

 

Description:

Creates a state-initiated process to expunge records of arrests and convictions pursuant to section 712-1249, Hawaii Revised Statutes, at no cost to the record holder.  Requires the Hawaii Criminal Justice Data Center to submit biannual reports to the legislature until all eligible records are expunged.

 

 

 

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