Informing the Legislature that on June 25, 2026, the Governor signed the following bill into law: HB2279 HD1 SD1 CD1 (ACT 152).

2026 Regular Session

Allows expungement of arrest records for persons later convicted of a non-criminal violation, aligning law with Barker v. Young.

Received.

#act152

Bill Summary: HB 2279 (CD 1) - Expungement Orders (Hawaii, 2026)

Main purpose and intent

Clarifies and expands eligibility for expungement of arrest records when a person is arrested for or charged with a crime but ultimately convicted of a non-criminal violation.

Responds to Barker v. Young (2023) by aligning expungement law with the court’s interpretation that a “violation” is not a “crime,” thereby allowing expungement of arrest records in certain cases.

Key provisions and changes

Amends Hawaii Revised Statutes § 831-3.2 to:

Allow expungement orders for individuals who were arrested or charged for a crime and later convicted of a violation (not a crime) to have their arrest record expunged.
Retain existing expungement criteria and prohibitions, including reasons an expungement may be denied (e.g., felony or misdemeanor conviction not resolved due to bail forfeiture, etc.).
Clarify that an expungement order annuls, cancels, and rescinds the arrest record, subject to specified exceptions.
Permit, upon written application for expungement, the return of fingerprints or photographs associated with the arrest within 120 days, unless the person has a conviction or is a fugitive (in which case records may be retained).
Define key terms for § 831-3.2:
Arrest record: related photos and fingerprint cards.
Conviction: final determination of guilt (plea, verdict, or court decision).
Crime: a felony, misdemeanor, or petty misdemeanor as defined in § 701-107.
Violation: an offense that does not constitute a crime (per § 701-107).

Effective date: The Act takes effect upon the Governor’s approval (June 25, 2026).

Who or what would be affected

Individuals who were arrested for a crime and later convicted of a violation (not a crime) could seek expungement of their arrest records.

State and local agencies that maintain arrest records, fingerprints, and photographs (including the Attorney General’s office) would process expungement orders and, upon request, return fingerprints/photographs.

Housing, employment, and other opportunities for individuals previously hindered by arrest records may be positively affected due to potential removal of those records.

Procedural and timeline aspects

Application for expungement must be submitted to the Attorney General or their authorized representative.

The Attorney General must respond within 120 days of receipt of the written application, delivering fingerprints/photographs when requested (unless excluded by prior conviction or fugitive status).

Limitations and exceptions remain in place for certain cases (e.g., unresolved cases due to bail forfeiture, absence from jurisdiction, involuntary hospitalization, acquittals/dismissals due to physical/mental disease, deferred guilty pleas, etc.).

Definitions provided ensure consistent interpretation of expungement eligibility and scope.

Practical impact and considerations

Aligns Hawaii law with judicial interpretation to broaden expungement eligibility in a specific, previously ambiguous scenario.

May reduce long-term stigma and barriers to housing, employment, or other opportunities for individuals whose arrest records stem from cases culminating in violations rather than crimes.

Requires administrative processes for expungement orders and management of fingerprint/photograph requests within a defined 120-day period.