2012 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
712. Offenses Against Public Health and Morals
712-1256 Expunging of court records.

Cross References

Drug demand reduction assessments; special fund, see §706-650.

Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1.

Money laundering, see chapter 708A.

Law Journals and Reviews

Marijuana Prohibition in Hawaii. 13 HBJ No. 3 Fall 1977, pg. 9.

Case Notes

When a statute proscribes a substance as harmful, presumption of constitutionality applies although scientific views on harm are conflicting. This rule applies to marijuana cases. 56 H. 271, 535 P.2d 1394.

Defendants with prior felony convictions of drug offenses are disqualified from sentencing pursuant to §706-622.5, even if the convictions occurred in other jurisdictions and therefore not "under part IV of chapter 712", so long as the offenses would implicate this part if committed in Hawaii. 104 H. 71, 85 P.3d 178.

§712-1256 Expunging of court records. (1) Upon the dismissal of such person and discharge of the proceeding against the person under section 712-1255, this person, if the person was not over twenty years of age at the time of the offense, may apply to the court for an order to expunge from all official records all recordation relating to the person's arrest, indictment, or information, trial, finding of guilt, and dismissal and discharge pursuant to this section.

(2) If the court determines, after hearing, that such person was dismissed and the proceedings against the person discharged and that the person was not over twenty years of age at the time of the offense, it shall enter such order.

(3) The effect of such order shall be to restore such person, in the contemplation of the law, to the status the person occupied before such arrest or indictment or information.

(4) No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failures to recite or acknowledge such arrest or indictment or information, or trial in response to any inquiry made of the person for any purpose. [L 1972, c 9, pt of §1; gen ch 1993]

COMMENTARY ON §§712-1253 TO 1256

Section 712-1253 assures that the penalty provisions of this part as well as of Chapter 329, HRS will not be in lieu of any civil penalties. This is an addition to the proposed draft.

Section 712-1254 is a double jeopardy provision which represents an addition to the proposed draft.

Section 712-1255 is concerned with the conditional discharge of first offenders. If a first offender is guilty of promoting a dangerous drug in the third degree, or promoting a harmful drug in the second or third degrees, or promoting a detrimental drug in the second or third degrees, or promoting intoxicating compounds, the first offender qualifies for a conditional discharge.

If the defendant is under 20 years old, §712-1256 provides that the court records may be expunged upon application. The Code recognizes that many offenders may be young persons who are otherwise without criminal records. The Code attempts to assure proper sanctions, while at the same time allowing for moderation of punishment and sentencing of first offenders.