SB3098

THE SENATE	S.B. NO.	3098
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EXPUNGEMENT ORDERS.

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

SECTION 1. The purpose of this Act is to amend section 831-3.2, Hawaii Revised Statutes, to reflect the Hawaii supreme court's holding in Barker v. Young, 153 Hawaii 144 (2023), which clarified that a person who is arrested for or charged with a crime as a felony, misdemeanor, or petty misdemeanor, but is later convicted of a violation for that incident, is eligible for an expungement of that person's arrest record.

The Hawaii supreme court held that "Applying rules of statutory interpretation, we hold that under the plain language of HRS §§ 831-3.2(a) and 701-107(7), a person arrested for or charged with a crime (including a petty misdemeanor), but convicted of a violation, is eligible for arrest record expungement because a 'violation' is not a 'crime.'"

The presence of an arrest on an individual's record may interfere with the individual's ability to receive housing, employment, or other opportunities. The expungement of that record is an appropriate action when the arrest led to a conviction for a "violation," which is not considered a "crime."

SECTION 2. Section 831-3.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The attorney general, or the attorney general's duly authorized representative within the department of the attorney general, upon written application from a person arrested for, or charged with but not convicted of a crime, arrested for or charged with a crime but convicted of a violation, or found eligible for redress under chapter 661B, shall issue an expungement order annulling, canceling, and rescinding the record of arrest; provided that an expungement order shall not be issued:

(1) In the case of an arrest for a felony or misdemeanor where conviction has not been obtained because of bail forfeiture;

(2) For a period of five years after arrest or citation in the case of a petty misdemeanor or violation where conviction has not been obtained because of a bail forfeiture;

(3) In the case of an arrest of any person for any offense where conviction has not been obtained because the person has rendered prosecution impossible by absenting oneself from the jurisdiction;

(4) In the case of a person who was involuntarily hospitalized pursuant to section 706‑607, or who was acquitted or had charges dismissed pursuant to chapter 704 due to a physical or mental disease, disorder, or defect; and

(5) For a period of one year upon discharge of the defendant and dismissal of the charge against the defendant in the case of a deferred acceptance of guilty plea or nolo contendere plea, in accordance with chapter 853.

Any person entitled to an expungement order under this section may by written application also request return of all fingerprints or photographs taken in connection with the person's arrest. The attorney general or the attorney general's duly authorized representative within the department of the attorney general, within one hundred twenty days after receipt of the written application, shall, when requested, deliver, or cause to be delivered, all fingerprints or photographs of the person, unless the person has a record of conviction or is a fugitive from justice, in which case the photographs or fingerprints may be retained by the agencies holding the records."

SECTION 3. Section 831-3.2, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) The meaning of the following terms as used in this section shall be as indicated:

"Arrest record" means any existing photographic and fingerprint cards relating to the arrest.

"Conviction" means a final determination of guilt whether by plea of the accused in open court, by verdict of the jury or by decision of the court.

"Crime" means a felony, misdemeanor, or petty misdemeanor as specified in section 701-107.

"Violation" means an offense that does not constitute a crime as specified in section 701-107."

SECTION 4. New statutory material is underscored.

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

INTRODUCED BY:

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BY REQUEST