RELATING TO EXPUNGEMENT ORDERS.

SB3098

THE SENATE

S.B. NO.

3098

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;

����
(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."

����
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.