A state pilot program has cleared the records of nearly 1,000 people arrested but not convicted for certain drug charges, leading to an interest in clearing others of minor offenses.
Starting in 2024, the program allowed for the state-initiated “expungement” of some marijuana-related offenses on Hawaiʻi Island, and this year state lawmakers expanded that to include excessive purchases of drugs with the lowest risk of dependency. That includes over-the-counter medications like cough medicine.
The state Legislature passed the laws in an effort to facilitate the process of clearing people’s records of minor drug offenses.
“ I'm a firm believer in second chances and redemption, and expungement and record clearance is a part of that,” said Rep. David Tarnas, the chair of the House Committee on Judiciary and Hawaiian Affairs.
This week the committee held an informational briefing to get an update on the state’s expungement efforts, and to see if the state can do more.
Experts at the briefing said the way Hawaiʻi does its record-keeping gives it the potential to automate the process of reviewing records. That can make expungement something that can potentially be done at scale.
“ Hawaiʻi is actually quite well positioned to implement ‘clean slate’ (efforts),” said Caitlin Dunklee, campaign strategist for the group Clean Slate Initiative, which has done work in other states to facilitate record clearance efforts.
“You have centralized data in both the state repository and the courts, allowing for more streamlined processes. You have good data quality … allowing agencies to identify eligible records through technology," she added.
Erik Altieri, director of campaigns for CSI, said those whose records have been cleared have benefited from it.
“ We surveyed individuals with records in Michigan, Pennsylvania and Utah — three states that have implemented clean slate policies and have begun to clear those records. And what we saw is pretty stark that this has a pretty large impact positively on the well-being and economic standing of these individuals,” he said.
“They really re-engage as a member of the community. They feel like they’re back as a full citizen and aren't being judged severely for one mistake on their record.”
