SB410 HD1

SECTION 1. The legislature finds that court records that have been dismissed or expunged from a person's record may still be accessed by prospective employers, landlords, lenders, educational institutions, and others. Though dismissed or expunged, these records can be regarded negatively and have a significant and long-lasting impact on a person's future.

The legislature further finds that no process exists to request traffic citations that have been dismissed not be included on a person's record, such as a traffic abstract. For a person who has received an expungement order, the current process to have their records and other information pertaining to the arrest or case sealed or removed from the judiciary's publicly accessible electronic database requires yet another petition.

The purpose of this Act is to:

(1) Require the judiciary and the examiner of drivers to no longer include dismissed traffic citations on a person's record, including the traffic abstract and the judiciary's publicly accessible electronic databases; and

(2) Require the court to automatically seal or remove from the judiciary's publicly accessible database any information relevant to the arrest or case of a person for whom an expungement order has been entered.

SECTION 2. Section 286-172, Hawaii Revised Statutes, is amended to read as follows:

"§286-172 Furnishing of information. (a) Subject to authorization granted by the chief justice with respect to the traffic records of the violations bureaus of the district courts and of the circuit courts, the director of transportation shall furnish information contained in the statewide traffic records system in response to:

(1) Any request from a state, a political subdivision of a state, or a federal department or agency, or any other authorized person pursuant to rules adopted by the director of transportation under chapter 91;

(2) Any request from a person having a legitimate reason, as determined by the director, as provided under the rules adopted by the director under paragraph (1), to obtain the information for verification of vehicle ownership, traffic safety programs, or for research or statistical reports;

(3) Any request from a person required or authorized by law to give written notice by mail to owners of vehicles; or

(4) Any request from the chief energy officer of the Hawaii state energy office to track the number and type of vehicles in use and the effectiveness of efforts to increase the efficiency and diversify the fuel needs of Hawaii's transportation sector[.];

provided that the information from any driver's record shall not include any citation that has been dismissed.

(b) Any person requesting information contained in the statewide traffic records system under subsection (a)(2) shall file an affidavit with the director stating the reasons for obtaining the information and making assurances that the information will be used only for such reasons, that individual identities will be properly protected, and that the information will not be used to compile a list of individuals for the purposes of any commercial solicitation by mail or otherwise, or the collection of delinquent accounts or any other purpose not allowed or provided for by the rules.

(c) The information provided to any person qualifying to receive information under subsection (a)(2) shall be provided for a fee and under such conditions as set by the director pursuant to rules adopted by the director under chapter 91. The director shall require the person receiving the information to file with the director a corporate surety bond in favor of the State in the penal sum of [~~not~~] no more than $70,000, conditioned upon the full and faithful compliance of the person receiving the information with the terms and conditions of the affidavit and the conditions set by the director. Any person otherwise qualified to receive information under subsection (a)(2) and who complies with the provisions of this section may receive all the information in the motor vehicle registration file if the person either provides information to or performs recalls on behalf of manufacturers of motor vehicles as authorized by the federal government or as deemed necessary by a manufacturer in order to protect the public health, safety, and welfare or to make a free correction of a manufacturing deficiency.

(d) Any person receiving information pursuant to subsection (a)(2) or (3) shall hold harmless the State and any agency thereof from all claims for improper use or release of such information.

(e) Information relating to traffic citations that have been dismissed shall not be included in the judiciary's publicly accessible electronic databases."

SECTION 3. Section 286-245, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The state judiciary and the examiner of drivers shall make available to the greatest extent possible information from any driver's record required for enforcement of this section to the users designated in subsection (f) or their authorized agent, within ten days of:

(1) Receiving the conviction or disqualification information from another state; or

(2) Receiving the conviction information for a violation occurring in this State[.];

provided that the information from any driver's record shall not include any traffic citation that has been dismissed."

SECTION 4. Section 287-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The traffic and emergency period violations bureaus of the district courts, upon request, shall furnish any person a certified abstract of the bureaus' record, if any, of any person relating to all alleged moving violations, except for any traffic citations that have been dismissed, and any convictions resulting therefrom, arising from the operation of a motor vehicle and any administrative license revocation pursuant to chapter 291E, part III and chapter 286, part XIV, as it was in effect on or before December 31, 2001. The traffic and emergency period violations bureaus may collect a fee, not to exceed $20, of which $18 shall be deposited into the general fund and $2 shall be deposited into the judiciary computer system special fund."

SECTION 5. Section 831-3.2, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) [~~Any person for whom an expungement order has been entered may request in writing that the~~] The court shall seal or otherwise remove from the judiciary's publicly accessible electronic databases all judiciary files and other information pertaining to the applicable arrest or case [~~from the judiciary's publicly accessible electronic databases.~~] of any person for whom an expungement order listing the court case number has been entered and transmitted to the court. 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, 2025.

THE SENATE	S.B. NO.	410
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII		H.D. 1