Expungement of Criminal Records – General – Hawaii
1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just “disappear”?
No. The records cannot be accessed for general law enforcement or civil use. Expungement is defined by agency policy in which records are segregated and kept confidential, or destroyed. Hawaii statutes § 571-88.
3. What records may be expunged?
Any records relating to the arrest of the minor for a specific offense, including fingerprints. Hawaii statutes § 571-88, § 571-72. Arrest records related to the arrest of a first-time non-violent drug offender Hawaii Statutes § 706-622.5. Arrests records, photographs and fingerprints of persons charged or arrested but not convicted. Hawaii Statutes § 831-3.2. DNA records § 844D-72.
4. Who is eligible for an expungement?
1. An arrested juvenile who meets the following conditions:
(1) The matter was not referred to the prosecuting attorney or the family court and:
(A) The person was not counseled and released by the police; or
(B) The person was counseled and released by the police and the
person has become an adult; or
(2) The matter was referred to the prosecuting attorney or family court
(A) The person was not adjudicated responsible by the court; or
(B) The matter was dismissed with prejudice .Hawaii Statutes § 571-88.
2. A person who was dismissed and the proceedings against the person discharged was not over twenty years old at the time of the offense. Hawaii Statutes § 712-1256.
3. A person who is a non-violent first-time drug offender (except for methamphetamine trafficking in the first and second degrees) who completes probation and treatment and has never had an expungement order for a similar offense. Hawaii Statutes §706-622.5.
4. A person charged with or arrested for a crime but not convicted. Expungement is not eligible if:
(1) In the case of an arrest for a felony or misdemeanor where conviction has not been obtained because of bail forfeiture;
(2) For a period of five years after arrest or citation in the case of a petty misdemeanor or violation where conviction has not been obtained because of a bail forfeiture;
(3) In the case of an arrest of any person for any offense where conviction has not been obtained because the person has rendered prosecution impossible by absenting oneself from the jurisdiction;
(4) In the case of a person acquitted by reason of a mental or physical defect under chapter 704; and
(5) For a period of one year upon discharge of the defendant and dismissal of the charge against the defendant in the case of a deferred acceptance of guilty plea or nolo contendere plea, in accordance with chapter 853. Hawaii Statutes § 831-3.2.
5. A person convicted for the first time of any class C felony property offense under chapter 708 who has not previously been sentenced under section 706-606.5, section 706-622.5, or section, and has successfully completed the substance abuse treatment program and complied with other terms and conditions of probation. A person sentenced to probation under 706-622.9 shall be eligible for expungement under 706-622.9 only if the person has not been previously convicted of a felony offense in this or another jurisdiction. Hawaii Statutes §706-622.9.
3. How do I get records expunged?
In the case of a juvenile offender not tried and found guilty, that person, or their parent/guardian if still a minor, may petition the court in writing for an order of expungement. Upon issuance of an expungement order under this section, the court shall forward copies of the expungement order to the police department and the department of the attorney general for expungement of the arrest record. Hawaii Statutes § 571-88.
A person arrested for an offense committed while under 21 but had charges disposed of may also petition the court for an order of expungement. The court will grant the order after a hearing, if it finds that such person was dismissed and the proceedings against the person discharged and that he was not over twenty years of age at the time of the offense. Hawaii Statutes § 712-1256.
A person who is a non-violent first-time drug offender who completes probation and treatment and has never had an expungement order for a similar offense must petition the court for an order of expungement. Hawaii Statutes §706-622.5.
A person who is a non-violent first-time property offender who completes probation and treatment and has never had a felony offense must petition the court for an order of expungement. Hawaii Statutes §706-622.9.
Expungement of records of persons not convicted under Hawaii Statutes § 831-3.2 is mandatory upon written petition to the attorney general’s office.
A person requesting expungement of their DNA specimen, sample, and profile:
(1) May make a written request to have the person’s case profile expunged from the state DNA database and data bank identification program if the underlying conviction or disposition serving as the basis for including the DNA profile has been reversed and the case dismissed; and
(2) Shall send a copy of the person’s request to the trial court of the circuit that entered the conviction or rendered disposition in the case, to the department, and to the prosecuting attorney of the county in which the person was convicted or adjudicated, with proof of service on all parties. Hawaii Statutes § 844D-71.