REPORT TITLE:
Convictions; expungement


DESCRIPTION:
Allows persons to have all records of petty misdemeanor,
misdemeanor, and class C felony convictions and related arrests
expunged.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           62
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIMES.
 


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

 1      SECTION 1.  Chapter 831, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§831-     Expungement orders; convictions.  (a)
 
 5 Notwithstanding section 831-3.2, the attorney general, or the
 
 6 attorney general's duly authorized representative within the
 
 7 department of the attorney general, shall issue an expungement
 
 8 order annulling, canceling, and rescinding all records of petty
 
 9 misdemeanor, misdemeanor, and class C felony convictions and
 
10 related arrests of a person; provided that the person:
 
11      (1)  Makes a written application for expungement;
 
12      (2)  Has never been convicted of an offense classified as a
 
13           class A or class B felony;
 
14      (3)  Is not serving a sentence for any conviction at the
 
15           time of application;
 
16      (4)  Has received a certificate, order, or any instrument of
 
17           discharge for all sentences charged to the person; and
 
18      (5)  Has not been convicted of any offense within ten years
 
19           from the date of the most recent certificate, order, or
 

 
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 1           other instrument of discharge.
 
 2      (b)  Upon issuance of the expungement order, the person
 
 3 issued the order shall be treated as not having been convicted or
 
 4 arrested for any petty misdemeanors, misdemeanors, or class C
 
 5 felonies in all respects.
 
 6      (c)  Upon issuance of the expungement order, all records of
 
 7 petty misdemeanor, misdemeanor, and class C felony convictions
 
 8 and related arrests in the custody or control of any criminal
 
 9 justice agency, as defined in section 846-1, or law enforcement
 
10 agency of the State or any county, and which are capable of being
 
11 forwarded to the attorney general without affecting other records
 
12 not pertaining to the convictions or arrests, shall be forwarded
 
13 to the attorney general for placement in a confidential file.
 
14      (d)  Records filed under subsection (c) shall not be
 
15 divulged except upon inquiry by:
 
16      (1)  A court of law or an agency thereof which is preparing
 
17           a presentence investigation for the court;
 
18      (2)  An agency of the federal or state government which is
 
19           considering the subject person for a position
 
20           immediately and directly affecting the national or
 
21           state security; or
 
22      (3)  A law enforcement agency acting within the scope of its
 
23           duties.
 

 
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 1 Response to any other inquiry shall not be different from
 
 2 responses made about persons who have no arrest records.
 
 3      (e)  The attorney general or the attorney general's duly
 
 4 authorized representative within the department of the attorney
 
 5 general shall issue to the person for whom an expungement order
 
 6 has been entered, a certificate stating that the order has been
 
 7 issued and that its effect is to annul the record of all petty
 
 8 misdemeanor, misdemeanor, and class C felony convictions and
 
 9 related arrests.  The certificate shall authorize the person to
 
10 state, in response to any question or inquiry, whether or not
 
11 under oath, that the person has no record regarding the expunged
 
12 convictions or the related arrests.  This statement shall not
 
13 make the person subject to any action for perjury, civil suit,
 
14 discharge from employment, or any other adverse action.
 
15      (f)  As used in this section:
 
16      (1)  "Conviction" means a final determination of guilt
 
17           whether by plea of the accused in open court, by
 
18           verdict of the jury, or by decision of the court; and
 
19      (2)  "Related arrest" means any arrest made in connection
 
20           with the conviction to be expunged.
 
21      (g)  The attorney general shall adopt rules pursuant to
 
22 chapter 91 necessary for the purpose of this section.
 
23      (h)  Nothing in this section shall effect the compilation of
 

 
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                                     S.B. NO.           62
                                                        
                                                        

 
 1 crime statistics or information stored or disseminated as
 
 2 provided in chapter 846."
 
 3      SECTION 2.  Section 846-10.5, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  Except for services provided to criminal justice
 
 6 agencies and state or county agencies for employment purposes,
 
 7 the Hawaii criminal justice data center and state and county
 
 8 criminal justice agencies shall assess the following fees for
 
 9 services provided or to be provided, which shall be deposited
 
10 into the criminal history record improvement revolving fund:
 
11      (1)  For each criminal history record name check, conducted
 
12           by the data center, and other state and county
 
13           agencies, $15;
 
14      (2)  For each criminal history record name check, via a
 
15           public access terminal, for which a printout is
 
16           requested, $10 per printout;
 
17      (3)  For each fingerprint-based search of the automated
 
18           fingerprint identification system or manual fingerprint
 
19           files, $25;
 
20      (4)  For processing of each application for the expungement
 
21           of arrest records[,] and conviction records of petty
 
22           misdemeanor, misdemeanor, and class C felony
 
23           convictions, $25;
 

 
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 1      (5)  For certification of documents, $10 per document;
 
 2      (6)  For each duplicate expungement certificate requested,
 
 3           $15; and
 
 4      (7)  For each complete set of fingerprints taken, $15."
 
 5      SECTION 3.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored. 
 
 7      SECTION 4.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________