Bill Text: HI HB2513 | 2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating To Expungement.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Enrolled) 2024-04-18 - Transmitted to Governor. [HB2513 Detail]

Download: Hawaii-2024-HB2513-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2513
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EXPUNGEMENT.

 

 

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

 

PART I

     SECTION 1.  The legislature finds that a person's criminal record may affect that person long after the person has served their sentence.  Persons who engaged in driving under the influence of an intoxicant as minors, and persons who committed first-time property offenses, may have criminal records that make it difficult to obtain housing, a job, or an education.  The legislature believes that, in certain circumstances, convicted persons who have served their sentences and fulfilled all legal requirements should be given the opportunity to start over again.

     Accordingly, the purpose of this Act is to allow persons convicted of certain criminal violations to apply to the court for an expungement order under certain circumstances.

PART II

     SECTION 2.  Section 291E-64, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Notwithstanding section 831‑3.2 or any other law to the contrary, a person convicted of a first-time violation under subsection (b)(1) or section 291-4.3, as it existed prior to Act 189, Session Laws of Hawaii 2000, who had no prior alcohol enforcement contacts, may apply to the court for an expungement order upon attaining the age of twenty-one, or thereafter, if the person has fulfilled the terms of the sentence imposed by the court and has had no subsequent alcohol or drug related enforcement contacts."

PART III

     SECTION 3.  Act 230, Session Laws of Hawaii 2006, is amended by amending section 51 to read as follows:

     "SECTION 51.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date[.]; provided that section 706-   (3), Hawaii Revised Statutes, shall apply to persons sentenced prior to the effective date of this Act."

PART IV

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Driving Under the Influence; Property Offenses; Minors; Expungement

 

Description:

Allows persons convicted of certain criminal violations to apply to the court for an expungement order under certain circumstances.

 

 

 

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