REPORT TITLE:
Minors; Records; Expungement


DESCRIPTION:
Permits administrative judge of the family court to order
expungement of records of minor is who is not adjudicated as a
law violator.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1485
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MINORS.
 


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

 1      SECTION 1.  Chapter 571, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to Part VIII to be appropriately
 
 3 designated and to read as follows:
 
 4      "§751-    Expungement orders.  (a)  Notwithstanding section
 
 5 571-84 or any other provision of law to the contrary, except for
 
 6 as provided in section 571-84.6, at the conclusion of any
 
 7 proceeding involving a minor coming within section 571-11(1), if
 
 8 the minor is not found to be a law violator, the administrative
 
 9 judge of the family court shall issue an expungement order
 
10 annulling, canceling, and rescinding all records, including any
 
11 fingerprints or photographs taken pursuant to section 571-74,
 
12 relating to the incident for which the minor is before the court;
 
13 provided that an expungement order shall not be issued where an
 
14 adjudication has not been made because the minor is absent from
 
15 the jurisdiction.
 
16      (b)  Upon the issuance of the expungement order, the minor
 
17 shall be treated as not having been arrested or detained in all
 
18 respects not otherwise provided for in this section."
 
19      SECTION 2.  New statutory material is underscored.
 

 
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                                     S.B. NO.           1485
                                                        
                                                        

 
 1      SECTION 3.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________