Amends the expungement orders law to reflect that a person who is arrested for or charged with a crime but convicted of a violation is eligible for an expungement of their arrest record for that incident. (CD1), the official text

HOUSE OF REPRESENTATIVES

H.B. NO.

2279

THIRTY-THIRD LEGISLATURE, 2026

H.D. 1

STATE OF HAWAII

S.D. 1

C.D. 1

A BILL FOR AN ACT

RELATING TO EXPUNGEMENT
ORDERS.

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

SECTION 1.  The legislature finds that in Barker v.
Young, 153 Hawaii 144 (2023), the Hawaii supreme court clarified that a
person who is arrested for or charged with a crime as a felony, misdemeanor, or
petty misdemeanor, but is later convicted of a violation for that incident, is
eligible for an expungement of that person's arrest record.

The
Hawaii supreme court held that "[a]pplying rules of statutory
interpretation, we hold that under the plain language of HRS §§ 831-3.2(a) and
701-107(7), a person arrested for or charged with a crime (including a
petty misdemeanor), but convicted of a violation, is eligible for arrest record
expungement because a 'violation' is not a 'crime'".

The
presence of an arrest on an individual's record may interfere with the
individual's ability to receive housing, employment, or other
opportunities.  The expungement of that
record is an appropriate action when the arrest led to a conviction for a
"violation", which is not considered a "crime".

The purpose of this Act is to amend the
expungement orders law to clarify that a person who is arrested for or charged
with a crime but convicted of a violation is eligible for expungement of their
arrest record for that incident.

SECTION
2.  Section 831-3.2, Hawaii Revised
Statutes, is amended as follows:

1.
By amending subsection (a) to read:

"(a)  The attorney general, or the attorney
general's duly authorized representative within the department of the attorney
general, upon written application from a person arrested for, or charged with
but not convicted of a crime, arrested for or charged with a crime but
convicted of a violation, or found eligible for redress under chapter 661B,
shall issue an expungement order annulling, canceling, and rescinding the
record of arrest; provided that an expungement order shall not be issued:

(1)  In
the case of an arrest for a felony or misdemeanor where conviction has not been
obtained because of bail forfeiture;

(2)  For
a period of five years after arrest or citation in the case of a petty
misdemeanor or violation where conviction has not been obtained because of a
bail forfeiture;

(3)  In
the case of an arrest of any person for any offense where conviction has not
been obtained because the person has rendered prosecution impossible by
absenting oneself from the jurisdiction;

(4)  In
the case of a person who was involuntarily hospitalized pursuant to section 706-607,
or who was acquitted or had charges dismissed pursuant to chapter 704 due to a
physical or mental disease, disorder, or defect; and

(5)  For
a period of one year upon discharge of the defendant and dismissal of the
charge against the defendant in the case of a deferred acceptance of guilty
plea or nolo contendere plea, in accordance with chapter 853.

Any
person entitled to an expungement order under this section may by written
application also request return of all fingerprints or photographs taken in
connection with the person's arrest.  The
attorney general or the attorney general's duly authorized representative
within the department of the attorney general, within one hundred twenty days
after receipt of the written application, shall, when requested, deliver, or
cause to be delivered, all fingerprints or photographs of the person, unless
the person has a record of conviction or is a fugitive from justice, in which
case the photographs or fingerprints may be retained by the agencies holding
the records."

2.  By amending subsection (g) to read:

"(g)  The meaning of the following terms as used in
this section shall be as indicated:

"Arrest
record" means any existing photographic and fingerprint cards relating to
the arrest.

"Conviction"
means a final determination of guilt, whether by plea of the accused in
open court, by verdict of the jury, or by decision of the court.

"Crime"
means a felony, misdemeanor, or petty misdemeanor as specified in section
701-107.

"Violation"
means an offense that does not constitute a crime as specified in section
701-107."

SECTION
3.  New statutory material is
underscored.

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