S.B. 1039 Summary

• Reduces the expungement waiting period for prostitution convictions from four years to three years after discharge when the court has deferred further proceedings.

• Allows persons convicted of specific prostitution offenses (sections 712-1200(1)(a), 712-1206(2), or 712-1207(1)(a) or (2)(a)) to file a motion to vacate the conviction if they have not been convicted of any offense under the Hawaii Penal Code within three years of the original conviction.

• Removes the requirement that defendants must have been victims of sex trafficking or promoting prostitution to qualify for conviction vacation, replacing it with a clean record requirement.

• Requires the court to hold a hearing and vacate the conviction if the defendant meets the three-year clean record requirement, without requiring the defendant to prove victim status.

• Takes effect upon approval.