SB2706

SECTION 1. The legislature finds that approximately seventy-seven 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 conviction records if certain criteria are met, including the lack of a conviction record for a specified time period following the date of 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 conviction. (a) Notwithstanding the provisions of sections 291E-64(e), 706-622.5(4) and (5), 706-622.8, 706‑622.9(3), and 712‑1200(4)(c), and any other law having more restrictive eligibility requirements for expungement than those set forth in this subsection, a person with a conviction record for a petty misdemeanor, misdemeanor, or nonviolent class C felony offense shall be eligible for automatic expungement of the conviction record, including records of any court proceedings stemming from the same conviction, created after the judiciary converted to its electronic recordkeeping system if the person meets the following criteria:

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

(A) Five years or more have elapsed from the date of conviction for the offense; 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 a conviction record for a nonviolent class C felony offense:

(A) Seven years or more have elapsed from the date of conviction for the offense; and

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

(b) Beginning on December 1, 2026, the department of the attorney general, with assistance from the Hawaii Innocence Project at the university of Hawaii at Manoa William S. Richardson school of law, on a monthly basis, shall:

(1) Identify conviction records that meet the criteria under subsection (a); provided that the person whose conviction is reflected in the conviction record also meets the criteria specified in subsection (a); and

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

(c) A person associated with 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 applying for expungement of records under section 291E-64(e), 706-622.5(4) and (5), 706-622.8, 706-622.9(3), or 712‑1200(4)(c), or any other law authorizing the expungement of records, if the automatic expungement required by subsection (b) has not timely occurred.

(d) Beginning on December 1, 2026, 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 conviction, including court proceedings, 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) After expungement, sealed conviction records shall not be divulged except by inquiry by:

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

(2) Immigration officials acting within the scope of the immigration officials' duties;

provided that the person whose conviction records are sealed may obtain a copy of the records upon written request.

(f) As used in this section, "conviction" has the same meaning as in section 831-3.2.

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

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

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2706
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII