SB 861: RELATING TO EXPUNGEMENT.

A BILL FOR AN ACT

relating to expungement.

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

     SECTION 1.  The legislature finds that Act 159, Session Laws of Hawaii 2023 (Act 159), requires the court to automatically seal or remove from the judiciary's publicly accessible databases any information relevant to the arrest or case of a person for whom an expungement order has been entered and transmitted to the court by July 1, 2025.

     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 issued by the attorney general shall be transmitted to the judiciary solely for the purposes of this subsection.  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 has been entered and transmitted to the court.  The court shall make good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time."

     SECTION 3.  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.

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