HB2279 • 2026

RELATING TO EXPUNGEMENT ORDERS.

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: NAKAMURA (Introduced by request of another party)
Last action: 2026-05-07
Official status: Transmitted to Governor.
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO EXPUNGEMENT ORDERS.

What This Bill Does

RELATING TO EXPUNGEMENT ORDERS.
Expungement Orders; Violations 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)

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

CD1

Hawaii published version CD1

Plain English: HB2279 CD1 HOUSE OF REPRESENTATIVES H.B.

HB2279 CD1 HOUSE OF REPRESENTATIVES H.B.
NO.
2279 THIRTY-THIRD LEGISLATURE, 2026 H.D.
1 STATE OF HAWAII S.D.

HD1

Hawaii published version HD1

Plain English: HB2279 HD1 HOUSE OF REPRESENTATIVES H.B.

HB2279 HD1 HOUSE OF REPRESENTATIVES H.B.
NO.
2279 THIRTY-THIRD LEGISLATURE, 2026 H.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO EXPUNGEMENT ORDERS.

SD1

Hawaii published version SD1

Plain English: HB2279 SD1 HOUSE OF REPRESENTATIVES H.B.

HB2279 SD1 HOUSE OF REPRESENTATIVES H.B.
NO.
2279 THIRTY-THIRD LEGISLATURE, 2026 H.D.
1 STATE OF HAWAII S.D.

Bill History

2026-05-08 S
Received notice of passage on Final Reading in House (Hse. Com. No. 888).
2026-05-07 H
Transmitted to Governor.
2026-05-06 H
Received notice of Final Reading (Sen. Com. No. 816).
2026-05-06 S
Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none).
2026-05-06 H
Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0).
2026-04-29 S
48 Hrs. Notice (as amended CD 1) 05-06-26
2026-04-29 S
Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 67-26).
2026-04-29 H
Forty-eight (48) hours notice Wednesday, 05-06-26.
2026-04-29 H
Reported from Conference Committee (Conf Com. Rep. No. 67-26) as amended in (CD 1).
2026-04-27 S
The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Fukunaga, Rhoads, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-04-27 H
The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Tarnas, Belatti, Poepoe, Ratcliffe, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.
2026-04-24 H
Bill scheduled for Conference Committee Meeting on Monday, 04-27-26 1:30PM in conference room 325.
2026-04-21 H
Received notice of Senate conferees (Sen. Com. No. 717).
2026-04-21 S
Senate Conferees Appointed: Fukunaga Chair; Rhoads Co-Chair; DeCorte.
2026-04-21 S
Received notice of appointment of House conferees (Hse. Com. No. 799).
2026-04-21 H
House Conferees Appointed: Tarnas Chair; Belatti, Poepoe, Ratcliffe, Shimizu.
2026-04-17 S
Received notice of disagreement (Hse. Com. No. 780).
2026-04-16 H
House disagrees with Senate amendment (s).
2026-04-14 H
Returned from Senate (Sen. Com. No. 672) in amended form (SD 1).
2026-04-14 S
Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.
2026-04-10 S
One Day Notice 04-14-26.
2026-04-10 S
Reported from JDC (Stand. Com. Rep. No. 3758) with recommendation of passage on Third Reading.
2026-04-01 S
The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard.
2026-03-25 S
The committee(s) on JDC will hold a public decision making on 04-01-26 10:30AM; CR 016 & Videoconference.
2026-03-23 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
2026-03-23 S
Reported from PSM (Stand. Com. Rep. No. 3103) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
2026-03-16 S
The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in PSM were as follows: 3 Aye(s): Senator(s) Fukunaga, Lee, C., Inouye; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Hashimoto, DeCorte.
2026-03-12 S
The committee(s) on PSM has scheduled a public hearing on 03-16-26 3:02PM; Conference Room 016 & Videoconference.
2026-03-12 S
Referred to PSM, JDC.
2026-03-12 S
Passed First Reading.
2026-03-12 S
Received from House (Hse. Com. No. 387).
2026-03-10 H
Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Kong, Pierick excused (2). Transmitted to Senate.
2026-03-05 H
Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Perruso excused (1).
2026-03-05 H
Reported from JHA (Stand. Com. Rep. No. 903-26) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading.
2026-02-19 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Hashem, Kahaloa, Sayama, Takayama, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and Excused: none.
2026-02-13 H
Bill scheduled to be heard by JHA on Thursday, 02-19-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2026-01-30 H
Referred to JHA, referral sheet 5
2026-01-28 H
Introduced and Pass First Reading.
2026-01-26 H
Pending introduction.

Official Summary Text

RELATING TO EXPUNGEMENT ORDERS.
Expungement Orders; Violations
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)

Current Bill Text

Read the full stored bill text

HB2279

HOUSE OF REPRESENTATIVES

H.B. NO.

2279

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EXPUNGEMENT ORDERS.

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

����
SECTION 1.
�
The purpose of this Act is to amend section
831-3.2, Hawaii Revised Statutes, to reflect the Hawaii supreme court's holding
in
Barker v. Young
, 153 Hawaii 144 (2023), which 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 "Applying 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."

����
SECTION
2.
�
Section 831-3.2, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:

����
"(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;

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(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;

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(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;

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(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."

����
SECTION
3.
�
Section 831-3.2, Hawaii Revised
Statutes, is amended by amending subsection (g) to read as follows:

����
"(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
4.
�
New statutory material is
underscored.

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

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

Expungement Orders; Violations; Penal Code

Description:

Amends section 831-3.2, HRS, 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.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.