THE SENATE

S.B. NO.

410

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EXPUNGEMENT.

 

 

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

 

     SECTION 1.  The legislature finds that court records for an arrest or case that has 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)  Prohibit the director of transportation and traffic and emergency period violations bureaus of the district courts from furnishing information related to dismissed traffic citations; and

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

     The legislature notes that all law enforcement agencies, including the department of the attorney general, sheriff division, county prosecuting attorneys, and county police departments, will continue to have access to information regarding dismissed and expunged cases, regardless of whether those agencies utilize publicly accessible or other types of electronic databases.

     SECTION 2.  Section 286-172, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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[:] any request from:

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

     (4)  [Any request from the] 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 traffic citation that has been dismissed."

     SECTION 3.  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 4.  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 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2025.

 

 

Report Title:

Dismissed Traffic Citations; Driver's Record; Public Record; Abstract Report; Expungement; Judiciary; Examiner of Drivers

 

Description:

Prohibits the director of transportation and traffic and emergency period violations bureaus of the district courts from furnishing information related to dismissed traffic citations.  Requires the court to automatically seal or remove from the judiciary's publicly accessible databases any information relevant to the arrest or case of a person for whom an expungement order has been entered and transmitted to the court.  Effective 7/1/2025.  (HD2)

 

 

 

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