Bill Text: HI HB145 | 2025 | Regular Session | Amended
Bill Title: Relating To Expungement.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Engrossed) 2025-02-28 - Passed First Reading. [HB145 Detail]
Download: Hawaii-2025-HB145-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
145 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO EXPUNGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that the court is currently unable to effectuate Act 159 because the Hawaii criminal justice data center is not statutorily authorized to release the expungement orders to the judiciary.
Accordingly, the purpose of this Act is to provide the Hawaii criminal justice data center with the statutory authority to transmit all expungement orders to the judiciary.
SECTION 2. Section 831-3.2, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) Every expungement order with a court case
number issued by the attorney general shall be transmitted to the judiciary
solely for the purposes of this section. The court shall seal or otherwise remove from
the judiciary's publicly accessible electronic databases all judiciary files
and other information pertaining to the applicable arrest or case of any person
for whom an expungement order listing the court case number and arrest
number associated with the offense has been entered and transmitted to the
court[.]; provided that the court's duties under this subsection
shall not apply to any case referenced in the expungement order where the
person for whom the order has been entered:
(1) Was charged with multiple offenses
at least one of which is not the subject of the order; or
(2) Is only one of multiple defendants
in the case at least one of whom has not been the subject of a prior
expungement order.
The court shall make good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time."
SECTION 3.
Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2025.
Report Title:
Attorney General; HCJDC; Judiciary; Expungement Orders
Description:
Authorizes the Hawaii Criminal Justice Data Center to transmit all expungement orders to the Judiciary to effectuate the purposes of Act 159, SLH 2023. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
