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GM 1105

Informing the Legislature that on April 10, 2025, the Governor signed the following bill into law: HB132 HD1 (ACT 005).

2025 Regular Session

Act 005 expands expungement eligibility for minor drug offenses, streamlines the process, and eliminates fees, helping individuals clear their records and improve opportunities.

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Bill Summary · GM 1105

Summary of GM 1105: Informing the Legislature of Act 005

Bill Overview

  • Bill Number: GM 1105
  • Title: Informing the Legislature that on April 10, 2025, the Governor signed the following bill into law: HB132 HD1 (ACT 005).
  • Status: Received
  • Introduced: April 11, 2025
  • Classification: Proclamation
  • Subject: Act 005

Purpose and Intent

GM 1105 serves as a formal notification to the Hawaii State Legislature that the Governor has signed HB132 HD1 into law, which is designated as Act 005. The primary intent of Act 005 is to amend existing legislation regarding the expungement of criminal records, specifically to enhance the provisions of Act 62 from the 2024 legislative session.

Key Provisions of Act 005

  1. Expansion of Expungement Eligibility:

    • Act 005 amends Act 62 to include the expungement of records related to the possession of a Schedule V substance in any amount. This expands the scope of offenses eligible for expungement beyond just cannabis-related charges.

  2. Pilot Project Implementation:

    • The Act establishes a pilot project administered by the Department of the Attorney General, aimed at expunging certain arrest records without requiring a written application from the individual whose record is being expunged.

  3. Criteria for Expungement:

    • The expungement process will automatically apply to:
      • Arrests occurring before January 11, 2020.
      • Cases that resulted in a single charge under section 712-1249 (pertaining to the possession of less than one ounce of marijuana or less than one-eighth ounce of a Schedule V substance).
      • Cases where the criminal proceedings have concluded without a conviction.
      • Arrests in counties with populations between 200,000 and 500,000.

  4. No Fees for Expungement:

    • Individuals will not incur any fees for the issuance of expungement orders under this pilot project.

Impact of the Bill

  • Affected Individuals:

    • The bill is expected to benefit individuals with criminal records related to minor drug offenses, particularly those who have been adversely affected in terms of employment and housing opportunities due to their records.

  • Administrative Efficiency:

    • By utilizing existing resources of the Hawaii Criminal Justice Data Center, the bill aims to streamline the expungement process, making it more efficient and accessible.

  • Reporting Requirements:

    • The Department of the Attorney General is tasked with reporting progress and insights gained from the pilot project to the legislature, which will inform future legislation regarding expungement processes.

Procedural Aspects

  • Effective Date: The Act takes effect upon its approval, which was granted on April 10, 2025.
  • Legislative Journey:
    • The bill passed its third reading in both the House of Representatives and the Senate prior to being signed into law.

In summary, GM 1105 serves as a proclamation of the signing of Act 005, which significantly modifies the expungement process in Hawaii to include additional offenses and streamline the procedure for individuals seeking to clear their criminal records.

Compiled from official sources — confirm details with the bill’s official record.

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