August 7, 2024
Hawaii recently enacted Senate Bill 2796, also known as Act 241. It would create the Clean Slate Expungement Task Force, which would become responsible for creating an automatic expungement program for eligible convictions and records. This task force would allow Hawaii to expunge records and arrests for eligible individuals proactively.
According to Act 241, approximately one in three adults living in the U.S. has a criminal record. This statistic means many people struggle to obtain housing and employment. Act 241 would address this concern by assisting impacted individuals’ ability to reintegrate into society.
Act 241 states, “The purpose of this Act is to expand eligibility for, and automate, the expungement of conviction records if certain criteria are met, including the lack of a conviction record for a specified time period following the date of conviction.”
The time an individual must wait varies depending on whether the conviction is for a misdemeanor or a felony. According to the bill, individuals with petty or misdemeanor offenses must wait five or more years after the sentence. Furthermore, the person must not accrue subsequent convictions of petty misdemeanors, misdemeanors, or felony offenses during the five-year waiting period.
Nonviolent class C felony offenses must wait at least seven years after the conviction. Like misdemeanors, they cannot receive subsequent convictions for petty misdemeanors, misdemeanors, or felony offenses in the State within the seven-year waiting period.
Hawaii’s Act 241 follows the example set by several other states that enacted automatic expungement programs. Before this Act, Hawaii had a system that allowed some individuals to expunge their records. However, it required them to start the process and cover related costs. Like other states, Act 241 would take this burden from eligible individuals.
Act 241 would require the Clean Slate Expungement Task Force to provide an interim report to the legislature. This report must detail the task force’s findings and recommendations at least 40 days before the 2024 and 2025 legislative sessions. Afterward, the task force must provide a final report 40 days before the start of the legislature’s regular session for 2027.
According to legislatures, the Clean Slate Expungement Task Force will invite representatives from the following agencies: the state judiciary, Department of the Attorney General, Office of Hawaiian Affairs, Office of the Public Defender, offices of the prosecuting attorney in each county, and the Hawaii Innocence Project at the University of Hawaii’s William S. Richardson School of Law. Other potential representatives could include members from the Hawaii Workers Center, ACLU of Hawaii, the Hawaii Friends of Restorative Justice, and the Last Prisoner Project.
Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.