Report Title:
Criminal Records; Expungent
Description:
Requires the deletion of digitized arrest records, rather than the return of hard copy materials, if applicable. Clarifies the definition of "crime" as it relates to expungeable offenses. Limits expungements to applicants that have no convictions on their criminal record. (SD1)
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THE SENATE |
S.B. NO. |
2244 |
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TWENTY-THIRD LEGISLATURE, 2006 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EXPUNGEMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 831-3.2, Hawaii Revised Statutes, is amended as follows:
1. 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, 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 acquitted by reason of a mental or physical defect under chapter 704; 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 hereunder 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 120 days after receipt of the written application, shall, when so requested, deliver, or cause to be delivered, or cause to be deleted in the case of digitized images, 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 such records."
2. By amending subsection (f) to read as follows:
"(f) The meaning of the following terms as used in this section shall be as indicated:
(1) "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.
(2) "Arrest record" means any existing photographic images and fingerprint cards relating to the arrest."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.