Allows a person sentenced prior to 7/01/04, pursuant to HRS §706-622.5, for a first-time drug offense, who has completed a drug treatment and complied with terms set by the court, to apply for expungement of the record of conviction. (SD1)

A BILL FOR AN ACT

SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§706-   First-time drug offender prior to 2004; probation; expungement. A person sentenced prior to July 1, 2004, for a first-time drug offense, pursuant to section 706-622.5, and who otherwise meets all the requirements of section 706-622.5, may apply to the court for expungement of the record of conviction for the drug offense. The court shall issue a court order to expunge the record of conviction for the drug offense; provided the person has successfully completed a substance abuse treatment program and has complied with the other terms and conditions set by the court. A person granted an expungement of conviction under this section or section 706-622.5(4) shall not be eligible for another expungement of conviction under this section or section 706-622.5."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.