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The House of Representatives in Hawaii voted in favor of a bill that calls for certain marijuana records to become eligible for automatic expunction.

About The Bill

Hawaii’s House Bill 1595 (HB1595) begins by acknowledging that approximately seventy-seven million Americans have a criminal record, and many are for marijuana-related offenses. Since simple marijuana possession was legalized in Hawaii, that means some residents have arrests and convictions for something that was decriminalized.

To help resolve this, the bill calls for a “state-initiated process to expunge certain drug-related criminal record at no cost to the record holder.” It suggests that the Department of the Attorney General should issue an expungement order which annuls, cancels and rescinds all criminal records for the following offenses:

• Civil violations.
• Petty misdemeanor convictions.
• Juvenile convictions.
• Arrest record for persons charged with an offense pursuant to section 712-1249 but not convicted of a crime.
• Convictions that are eligible for redress pursuant to chapter 661B.

These records would only be eligible if the individual does not have:

• Pending criminal charges.
• Convictions for other offenses that do not meet the requirements for expunction within the same case.
• Outstanding court fines or fees.

Next Steps

HB1595 was approved by the House, and now a companion bill (SB2689) will be reviewed by the state’s Senate. If that bill passes, then it would likely be signed into law. If so, then within 30 days of it going into effect, the Hawaii Criminal Justice Data Center would be expected to identify all records that are eligible for expunction.

Applicable records would be sent to the Department of the Attorney General as well as prosecuting attorneys in each county, police departments and state courts. The Department of the Attorney General would then have 60 days to issue expunction orders for those records. After, the Judiciary would be given one year to complete the process.

What Employers Should Know

If this bill becomes law, then thousands of Hawaiian residents could have certain criminal records expunged. When this happens, those records cannot be used by employers or other organizations that make decisions about consumers. HB1595 clarifies that an individual who has a record expunged shall be treated as if they had not been arrested or convicted at all.

This makes it essential for employers to only review current, reportable data when screening applicants, volunteers, contractors or employees. One of the best ways to do this is to work with a Consumer Reporting Agency (CRA) that has been accredited by the Professional Background Screening Association (PBSA). To earn accreditation, CRAs must demonstrate that they take reasonable steps to ensure the records they provide are accurate and up to date.

Employment Background Checks

If your organization needs employment background checks, please contact us. We are proud to be an accredited CRA with more than 20 years of experience. Our knowledgeable team can help you customize screening packages that meet your particular needs and comply with applicable laws and industry regulations.

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