Free Online Resource to Expunge Criminal Records

For National Expungement Week 2020, the American Civil Liberties Union of Hawai‘i (ACLU of Hawai‘i) partnered with the Hawaii Innocence Project, ‘Ekolu Mea Nui, the Hawaii State Commission on the Status of Women and the Office of Hawaiian Affairs, to release a free webinar to expunge criminal records and bring awareness to the discrimination faced by those with criminal records. 

One third of all American adults have a prior arrest or conviction records. As too many people know, a criminal record means facing unnecessary barriers when it comes to housing, education, employment and more for decades after the fact. Expunging someone’s record, or removing an offense, can offer people a second chance at life.

Jennifer Brown, attorney and Associate Director of the Hawaii Innocence Project said: “At the Hawaii Innocence Project, we investigate and represent clients who have been wrongfully convicted for a crime they did not commit. Many of our clients have had to serve years behind bars and years on parole with a criminal conviction hanging over their head. They know the difficulty of trying to start life over again but unable to do so because they are unable to work or find housing while their conviction looms over them. Regardless of someone’s guilt or innocence, we believe in the importance of getting a second chance – by expunging and sealing your criminal record.”

In the webinar, advocates discuss how Native Hawaiians and Pacific Islanders are disparately hurt by the criminal legal system, the process of expungement, what kind of offenses qualify, and a vision of criminal justice reform in Hawai‘i. 

Dr. Jamee Mahealani Miller, Co-founder of ‘Ekolu Mea Nui, said: “Far too long Hawai‘i has been a disappointment when it comes to our criminal legal system. Let’s start to be proud of our decisions and implementation on how we treat every single person in our state, yes, our justice-involved are people.”

The speakers and topics in the video are as follows: 

• Introduction: Reform will make our communities safer: Dr. Jamee Mahealani Miller discusses the current landscape of Hawaii’s criminal legal system and where it fails people, particular Native Hawaiians and Pacific Islanders. 
• Expungement 101: Jennifer Browna rundown of what expungement is, who qualifies for it and the full process of getting your record expunged. 
• Survivors Not Criminals bill: Khara Jabola-Carolus, Executive Director of the Hawaii State Commission on the Status of Women discusses the history-making Survivors Not Criminals law, which allows relief from the criminalization of sex workers. 
• Cannabis bill: Mandy Fernandes, ACLU of Hawai‘i Policy Director, discusses Act 273, which decriminalizes the possession of small amounts of cannabis for personal use and how this can be expunged from someone’s record.  
• Lookback bill and pardons:Jen Jenkins, a Public Policy Advocate at Office of Hawaiian Affairs, discusses the lookback bill (HB1782), which was passed in the most recent Legislative Session. This bill helps reduce discrimination against employment, which disparately impacts people of color.
• Reentry, a new vision: Attorney and advocate Carrie Ann Shirota discusses a vision of criminal justice reform here in Hawai‘i, why it’s imperative that rehabilitation starts on day one, and how it takes a village to create a coordinated reentry system. 

Carrie Ann Shirota said: “We need to recognize the inherent dignity of each individual and their capacity and their potential to change and live a transformed life. That is a very important philosophy in which we serve people who have been incarcerated and as they transition home and into the community. More compassion, more care, not more cages.”

The expungement resources can be found on the ACLU of Hawai‘i website: https://acluhi.org/en/publications/expungement-week-2020.