SB3159

SECTION 1. The legislature finds that approximately seventy million people living in the United States, or one in three adults, have a criminal record. In some instances, the person was arrested but ultimately not convicted of any crime. The legislature recognizes that arrest and conviction records often adversely affect a person's financial and housing security by limiting the person's access to employment, housing, or a professional license.

The legislature also finds that many states, including Hawaii, have laws that allow persons who meet certain eligibility criteria to petition or apply for the removal of a criminal record. However, making the procedure automatic would eliminate the need for an eligible person to navigate this process and pay any required processing fees. According to research compiled by the National Conference of State Legislatures, twenty states have at least one statutory automatic record-clearing provision as of July 2021. Michigan, New Jersey, Pennsylvania, and Utah are examples of states having laws that automate the record-clearing process; these laws are sometimes known as "clean slate laws".

The purpose of this Act is to expand eligibility for, and automate, the expungement of arrest and conviction records if certain criteria are met, including the lack of a conviction record for a specified time period following the date of an arrest or conviction.

SECTION 2. Chapter 831, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§831- Automatic expungement orders; records of arrest and conviction. (a) Notwithstanding the provisions of sections 291E-64(e), 706‑622.5(4), 706-622.9(3), 712-1200(4)(c), 853-1(e), and any other law having more restrictive eligibility requirements for expungement than those set forth in this subsection, a person who is eligible to apply for expungement of an arrest record under section 831-3.2 shall be eligible for automatic expungement of an arrest record and records of any court proceedings stemming from the same arrest, including a record of conviction; provided that the person meets the following criteria:

(1) If the person has an arrest or conviction record for a petty misdemeanor or misdemeanor offense:

(A) Five years or more have elapsed from the date of conviction for the offense, or the date of release from incarceration if sentenced to a term of incarceration, whichever is later; or from the date of arrest if there was no resulting conviction; and

(B) The person has not subsequently been convicted of any petty misdemeanor, misdemeanor, or felony offense; and

(2) If the person has an arrest or conviction record for a felony offense:

(A) Seven years or more have elapsed from the date of conviction for the offense, or the date of release from incarceration if sentenced to a term of incarceration, whichever is later; or from the date of arrest if there was no resulting conviction; and

(B) The person has not subsequently been convicted of any petty misdemeanor, misdemeanor, or felony offense.

(b) Beginning on January 1, 2023, the department of the attorney general, on a monthly basis, shall:

(1) Identify arrest records that meet the criteria for issuance of an expungement order under section 831‑3.2(a); provided that the person whose arrest is reflected in the arrest record also meets the criteria specified in subsection (a); and

(2) Automatically issue an expungement order annulling, canceling, and rescinding the record of arrest, and, accordingly, issue the affected person an expungement certificate as required by section 831-3.2(e).

(c) Any state or county law enforcement agency that is required to take certain actions in response to the expungement of an arrest record under section 831-3.2 shall do so with respect to any automatic expungement of an arrest record that occurs under this section.

(d) A person associated with arrest or conviction records that are eligible for automatic expungement under this section shall not be required to file a written application seeking expungement in order for the expungement process to occur as prescribed by this section; provided that nothing in this section shall preclude a person who is eligible for automatic expungement under this section from filing a written application for expungement of records under section 831-3.2 if the automatic expungement required by subsection (b) has not timely occurred.

(e) Beginning on January 1, 2023, the judiciary, on a monthly basis, shall automatically seal or otherwise remove from the judiciary's publicly accessible electronic databases all judiciary files and other information pertaining to the applicable arrest, court proceeding, or conviction, with respect to any person for whom an expungement order has been issued pursuant to subsection (b). The court shall make good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time after issuance of the expungement order. The court shall provide written notice to an affected person that the person's records are scheduled to be sealed on a given date, and shall provide the person with a reasonable opportunity to obtain a copy of the records prior to the date that the records are scheduled to be sealed.

(f) As used in this section:

"Arrest record" has the same meaning as in section 831-3.2.

"Conviction" has the same meaning as in section 831-3.2.

(g) The attorney general shall adopt rules pursuant to chapter 91 necessary for the purpose of this section.

(h) Nothing in this section shall affect the compilation of crime statistics or information stored or disseminated as provided in chapter 846."

SECTION 3. Section 831-3.2, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"§831-3.2 Expungement orders[.]; records of arrest."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3159
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII