Report Title:

First-Time Drug Offenses; Expungement

Description:

Allows a person sentenced for a first-time drug offense prior to 7/01/02, who has a satisfactory record of drug treatment and abstinence and a record free of any criminal conviction, to apply for re-sentencing and expungement of related arrest and conviction records.

HOUSE OF REPRESENTATIVES

H.B. NO.

2780

TWENTY-THIRD LEGISLATURE, 2006

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO THE DISPOSITION OF CONVICTED DEFENDANTS.

 

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

SECTION 1. Act 161, Session Laws of Hawaii 2002, is amended by adding a new section to read as follows:

"SECTION    . A person sentenced for a first-time drug offense prior to July 1, 2002:

(1) May apply for re-sentencing provided that the person is able to demonstrate to the court a satisfactory record of drug treatment and drug abstinence, and a record free of any criminal conviction from the date of the person's sentencing for the first-time drug offense to the date of the application for re-sentencing; and

(2) Upon re-sentencing, may apply to the court for expungement of the related conviction and arrest records.

Any person previously granted an expungement of a first-time drug offense shall not be eligible for another expungement under this provision."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval, provided that section 1 shall take effect retroactive to July 1, 2002.

INTRODUCED BY:

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