SB1168

SECTION 1. The legislature finds that approximately seventy million people living in the United States, or one in three adults, have a criminal record. In some instances, the person was arrested but ultimately not convicted of any crime. The legislature recognizes that arrest and conviction records often adversely affect a person's financial and housing security by limiting the person's access to employment, housing, or a professional license.

The legislature also finds that many states, including Hawaii, have laws that allow persons who meet certain eligibility criteria to petition or apply for the removal of a criminal record. However, making the procedure automatic would eliminate the need for an eligible person to navigate this process and pay any required processing fees. According to research compiled by the National Conference of State Legislatures, twenty states have at least one statutory automatic record-clearing provision as of July 2021. Michigan, New Jersey, Pennsylvania, and Utah are examples of states having laws that automate the record-clearing process; these laws are sometimes known as "clean slate laws".

The purpose of this Act is to expand eligibility for, and automate, the expungement of arrest and conviction records if certain criteria are met, including the lack of a conviction record for a specified time period following the date of an arrest or conviction.

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

"§831- Automatic expungement orders; records of arrest and conviction. (a) Notwithstanding the provisions of sections 291E-64(e), 706‑622.5(4), 706-622.9(3), 712-1200(4)(c), 853‑1(e), and any other law having more restrictive eligibility requirements for expungement than those set forth in this subsection, a person who is eligible to apply for expungement of an arrest record under section 831-3.2 shall be eligible for automatic expungement of an arrest record and records of any court proceedings stemming from the same arrest, including a record of conviction and a person with a conviction record for a petty misdemeanor, misdemeanor, or non-violent class C felony offense; provided that the person meets the following criteria:

(1) If the person has an arrest or conviction record for a petty misdemeanor or misdemeanor offense:

(A) Five years or more have elapsed from the date of conviction for the offense or from the date of arrest if there was no resulting conviction; and

(B) The person has not subsequently been convicted of any petty misdemeanor, misdemeanor, or felony offense in the State within the five-year waiting period; and

(2) If the person has an arrest or conviction record for a non-violent class C felony offense:

(A) Seven years or more have elapsed from the date of conviction for the offense or from the date of arrest if there was no resulting conviction; and

(B) The person has not subsequently been convicted of any petty misdemeanor, misdemeanor, or felony offense in the State withing the seven-year waiting period.

(b) Beginning on December 1, 2025, the department of the attorney general, on a monthly basis, shall:

(1) Identify arrest records that meet the criteria for issuance of an expungement order under section 831‑3.2(a); provided that the person whose arrest is reflected in the arrest record also meets the criteria specified in subsection (a); and

(2) Automatically issue an expungement order annulling, canceling, and rescinding the record of arrest.

(c) A person associated with arrest or conviction records who is eligible for automatic expungement under this section shall not be required to file a written application seeking expungement in order for the expungement process to occur as prescribed by this section; provided that nothing in this section shall preclude a person who is eligible for automatic expungement under this section from filing a written application for expungement of records under section 831-3.2 if the automatic expungement required by subsection (b) has not timely occurred.

(d) Beginning on December 1, 2025, the judiciary, on a monthly basis, shall automatically seal or otherwise remove from the judiciary's publicly accessible electronic databases all judiciary files pertaining to the applicable arrest, court proceeding, or conviction, with respect to any person for whom an expungement order has been issued pursuant to subsection (b). The court shall make good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time after issuance of the expungement order.

(e) Sealed arrest and court records after expungement shall not be divulged except by inquiry by:

(1) The prosecuting attorney acting within the scope of their duties; or

(2) Immigration officials acting within the scope of their duties.

(f) The affected person under this provision may obtain a copy of their sealed arrest and conviction records after expungement upon a request in writing.

(g) As used in this section:

"Arrest record" has the same meaning as in section 831-3.2.

"Conviction" has the same meaning as in section 831-3.2.

(h) The attorney general shall adopt rules pursuant to chapter 91 necessary for the purpose of this section.

(i) Nothing in this section shall affect the compilation of crime statistics or information stored or disseminated as provided in chapter 846."

SECTION 3. Section 831-3.2, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"§831-3.2 Expungement orders[.]; records of arrest."

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

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1168
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII