THE SENATE	S.B. NO.	1079
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII		H.D. 1
		C.D. 1

A BILL FOR AN ACT

RELATING TO EXPUNGEMENT.

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

SECTION 1. Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291E-   First-time offender of operating a vehicle after consuming a measurable amount of alcohol for persons under the age of twenty-one years before 1998; expungement. A person sentenced before July 1, 1998, for a first-time offense of operating a vehicle after consuming a measurable amount of alcohol while under the age of twenty-one years, pursuant to section 291E-64, and who otherwise meets all the requirements of section 291E-64, may apply to the court for expungement of the record of conviction for the offense. The court shall issue a court order to expunge the record of conviction for the offense; provided that the person has fulfilled the terms of the sentence imposed by the court. A person granted an expungement of conviction under this section shall not be eligible for another expungement of conviction under this section or section 291E-64."

SECTION 2. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§706-    First-time property offender before 1998; probation; expungement. A person sentenced before July 1, 1998, for a first-time property offense, pursuant to section 706-622.9, and who otherwise meets all the requirements of section 706-622.9, may apply to the court for expungement of the record of conviction for the property offense. The court shall issue a court order to expunge the record of conviction for the property offense; provided that the person has fulfilled the terms of the sentence imposed by the court. A person granted an expungement of conviction under this section shall not be eligible for another expungement of conviction under this section or section 706-622.9."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2025.

Report Title:

Expungement; Operating a Vehicle After Consuming a Measurable Amount of Alcohol; Property Offenses; Judiciary

Description:

Requires courts to, upon application to the court, expunge records of convictions, if the sentencing occurred before 1998, for first-time offenses involving: (1) operating a vehicle after consuming a measurable amount of alcohol while under the age of twenty-one years; and (2) certain property offenses. Takes effect 7/1/2025. (CD1)

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