Report Title:

Criminal Procedure; Expungement

 

Description:

Allows for expungement of convictions for non-violent offenses that are over 5 years old.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1756

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to criminal procedure.

 

 

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

 


SECTION 1. Chapter 831, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"831- Expungement orders; criminal convictions. (a) The circuit court, upon written application from a person convicted of a crime, shall issue a court order to expunge the record of conviction for that offense; provided that:

(1) The conviction the person seeks to have expunged must have occurred no less than five years prior to the date of application;

(2) The court shall not issue an expungement order if within the five years prior to the date of application, excluding any period of incarceration, the person has been convicted of any crime; and

(3) The court shall not issue an expungement order for a conviction of:

(A) A felony offense under section 707-701 relating to murder in the first degree, section 707-701.5 relating to murder in the second degree, section 707-702 relating to manslaughter, section 707-702.5 relating to negligent homicide in the first degree, section 707-703 relating to negligent homicide in the second degree, section 707-710 relating to assault in the first degree, section 707-711 relating to assault in the second degree, section 707-712.7 relating to assault against an emergency worker, section 707-713 relating to reckless endangering in the first degree, section 707-716 relating to terroristic threatening in the first degree, section 707-720 relating to kidnapping, section 707-721 relating to unlawful imprisonment in the first degree, section 707-730 relating to sexual assault in the first degree, section 707-731 relating to sexual assault in the second degree, section 707-732 relating to sexual assault in the third degree, section 707-752 relating to promoting child abuse in the third degree, section 708-810 relating to burglary in the first degree, section 708-820 relating to criminal property damage in the first degree, section 708-841 relating to robbery in the second degree, section 708-8251 relating to arson in the first degree, section 708-8252 relating to arson in the second degree, section 710-1031 relating to intimidating a correctional worker, section 710-1071 relating to intimidating a witness, section 710-1074 relating to intimidating a juror, or section 711-1103 relating to riot; or

(B) A misdemeanor offense under chapter 707.

(b) The effect of an expungement order shall be to restore the person, in the contemplation of the law, to the status the person occupied before such conviction occurred.

(c) No person as to whom an expungement order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such conviction in response to any inquiry made of the person for any purpose."

SECTION 2. Section 831-3.2, Hawaii Revised Statutes, is amended by amending its title to read as follows:

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

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.

 

INTRODUCED BY:

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