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Senate committee advances HB 2279 to broaden expungement eligibility
Summary
Lawmakers voted to pass HB 2279 with amendments to expand eligibility to expunge arrest records when charges result in a violation rather than a crime; advocates urged state‑initiated filings to make clearance easier for affected residents.
The committee voted to advance House Bill 2279, which would amend Hawaii law to allow people arrested or charged with a crime but ultimately convicted only of a violation to seek expungement of their arrest records.
William Bento, representing the Office of the Public Defender, testified in support and said the measure codifies changes reflected in recent Hawaii Supreme Court decisions and helps people clear records so they can pursue employment and housing. "This is really a bill for those that do not have the means to post bail and to get out when they're merely accused of an offense," Bento said, adding the bill contains safety exceptions for those judged to be a danger.
Supporters included the Community Alliance on Prisons (Cat Brady), the ACLU of Hawaii (Josh Frost) and private attorneys who have run expungement clinics. Frost highlighted the widespread use of background checks and said the bill would help alleviate collateral consequences: "No matter how minor or how old the record might be, it can have a detrimental impact on the ability to receive housing, employment, education or other benefits." The ACLU asked the committee to consider an amendment to make expungement state‑initiated to ease access for eligible people.
The committee adopted a technical amendment changing the effective date to July 1, 2050 to allow continued work on implementation details, and then voted to pass the bill with that amendment. The recommendation to advance HB 2279 was adopted by the committee.
The committee noted the ongoing Clean Slate Task Force work and several advocates urged broader reforms, but the committee moved HB 2279 forward so the legislature can continue deliberations in subsequent referrals.
