HOUSE OF REPRESENTATIVES	H.B. NO.	132
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

relating to expungement.

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

SECTION 1. The legislature finds that Act 62, Session Laws of Hawaii 2024 (Act 62), is a vital pilot project that provides needed relief to hundreds of Hawaii residents with criminal records related to possession of small amounts of cannabis. Since the implementation of Act 62, the legislature finds that the efficiency and effectiveness of the law will be greatly improved through modification. The purpose of this Act is to amend Act 62 to include possession of a schedule V substance in any amount to the charges that are eligible for expungement under the pilot project.

SECTION 2. Act 62, Session Laws of Hawaii 2024, section 2, is amended by amending subsection (b) to read as follows:

"(b) Notwithstanding section 831-3.2, Hawaii Revised Statutes, or any other law to the contrary, the department of the attorney general shall issue, without any written application by the holder of an arrest record and on the department's own initiative, an expungement order annulling, cancelling, and rescinding the arrest record where:

(1) The arrest occurred before January 11, 2020;

(2) The arrest resulted in a single charge of violating section 712-1249, Hawaii Revised Statutes[, for possessing marijuana];

(3) The arrest occurred in a county having a population greater than two hundred thousand and less than five hundred thousand persons;

(4) The criminal case terminated with a final disposition other than a conviction; and

(5) An expungement order is not otherwise prohibited from being issued by law, including section 831-3.2(a), Hawaii Revised Statutes.

The department shall not charge the holder of the arrest record any fee for the issuance of an expungement order pursuant to the pilot project established by this section."

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

AG; Expungement; Pilot Project; Promotion of a Drug in the Third Degree; Schedule V Substances

Description:

Makes an amendment to the Department of the Attorney General pilot project for a state-initiated expungement process of arrest records concerning promoting a detrimental drug in the third degree to include the possession of any schedule V substance in any amount.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.