Tag: Hawaii law

Ruling From the Supreme Court of Hawaii Could Expunge Arrest Records for Thousands June 2, 2023 A recent ruling by Hawaii's Supreme Court could clear thousands of residents’ arrests from their records. According to this decision, state residents with charges or arrests that ended with violation convictions could see these records expunged. This ruling comes after reviewing the Barker v. Young case. In this case, the plaintiff initially faced an arrest for harassment, which qualifies as a petty misdemeanor. However, the Court convicted him for disorderly conduct instead, changing his conviction to a violation. Hawaii considers violations as non-criminal offenses and puts them one step above citations. As a result, the state does not consider them punishable by jail time. Despite the non-criminal nature of his conviction, the plaintiff's arrest record remained visible to the public. Due to struggles that followed this realization, the plaintiff later requested expungement. The plaintiff explained that he applied with the Hawaii Criminal Justice Data Center (HCJDC) under HRS § 831-3.2. According to the code, the Court would issue expungement orders "upon written application from a person arrested for, or charged with but not convicted of a crime." Furthermore, the plaintiff cited that a violation of HRS § 701-107(7) of the Hawaii Penal Code explicitly does not constitute a crime. As a result, he claimed an entitlement to expunge the associated record based on a plain reading of the law. However, the HCJDC rejected the plaintiff's application. According to the HCJDC, the conviction qualified as a crime within HRS § 831-3.2. The Center explained, "An expungement order shall not issue for five years after arrest in the case of a petty misdemeanor or violation where conviction has not been obtained because of a bail forfeiture." The plaintiff attempted to appeal this decision to the Court of the First Circuit, but the Circuit ruled in favor of the HCJDC. As a result, he appealed to the Intermediate Court of Appeals. However, the Court also ruled in favor of the HCJDC. According to the Court, the word, "violation," contained within HRS § 831-3.2 law means that a violation counts as a crime under the statute. However, a certiorari followed to review this decision. In it, the plaintiff questioned the Court of Appeals' interpretation, requesting confirmation on whether the Court made a mistake. This review led to the Supreme Court vacating the Circuit Court's order. According to the Supreme Court, "Under the plain language of HRS §§ 831-3.2(a) and 701-107(7), a person arrested for or charged with a crime, but convicted of a violation, is eligible for arrest record expungement because a "violation" is not a "crime." Due to this ruling, thousands of individuals could now become eligible to expunge their arrest records. Sealing these records would open employment, housing, and educational opportunities for impacted individuals. In the wake of this decision, Hawaii employers may wish to review their hiring policies, ensuring they treat all applicants with criminal records fairly. The best way to get started is to partner with a trusted screening provider. The right partner will provide accurate and timely criminal background checks. Background checks are made easy with Pre-employ. Ask any questions you may have and learn more by contacting a sales rep today. Source

Tag: Hawaii law

Ruling From the Supreme Court of Hawaii Could Expunge Arrest Records for Thousands

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