§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.