Report Title:

Expungement of Records; Family Courts; Minors

 

Description:

Establishes expungement procedures for arrest records of juveniles. (SD1)

THE SENATE

S.B. NO.

424

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO Courts.

 

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

SECTION 1. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§571-   Expungement orders. (a) Upon written application by the minor or the minor's parent or guardian, the court may issue, under this section, an order expunging the arrest record of any minor, if:

(1) The minor was arrested under section 571-11(1) or (2);

(2) The minor was not counseled and released by the police; and

(3) The matter was not referred to the prosecuting attorney or family court.

(b) Prior to issuing an expungement order, the court shall consult with appropriate law enforcement agencies to determine if there is any reason to retain the arrest record.

(c) Upon issuance of and expungement order, the court shall:

(1) Forward copies of the expungement order to the police of the county in the same circuit for expungement of the arrest record of the specified offense of the minor, and to the department of the attorney general for expungement of related fingerprints under section 846-2.5(b) and of information under chapter 846D;

(2) Explain to the minor or to the minor's parent or guardian, the process of expungement under paragraph (1); and

(3) Issue to the minor who is the subject of the expungement order, a certificate stating that the order has been issued and that its effect is to annul the record of a specified arrest. The certificate shall authorize the minor to state, in response to any question or inquiry, whether or not under oath, that the minor has no record of the specified arrest; provided that a minor who makes a statement to that effect shall not be subject by reason of making the statement to any action for perjury, civil suit, discharge from employment, or any other adverse action.

(d) As used in this section:

"Arrest record" means any records of the police and of the attorney general under section 846-2.5(b) and chapters 846 and 846D, relating to the arrest of the minor for the specified offense.

"Expunge" means to segregate and keep confidential, or to destroy."

SECTION 2. Section 571-84, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) [The] Except as to expunged records under section 571-   , the records of any police department, and of any juvenile [crime prevention bureau] division or section thereof, relating to any proceedings authorized under section 571-11 shall be confidential and shall be open to inspection and use only by persons whose official duties are concerned with this chapter, except as provided in subsections (d) and (f), and sections 571-    and 571-72(b), or as otherwise ordered by the court."

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.