Expungement Frequently Asked Questions
- What is an expungement?
- How much does an expungement cost?
- How do I submit payment for an expungement?
- How long does the expungement take?
- Do I need to submit court documents with my expungement form?
- How do I obtain a copy of my court documents and traffic abstract?
- What does not qualify for an expungement?
- Will a pardon qualify my arrest charge to be expunged?
- What happens if my expungement request does not qualify?
- Do you expunge juvenile charges?
- Will I be notified when my expungement form is received?
- Will my record at the Federal Bureau of Investigation (FBI) be expunged?
- What about my court information?
- How will the expungement affect my application for a visa, employment, etc.?
- How can I get a copy of my expungement certificate?
An expungement removes arrest information from the statewide central repository of adult criminal history record information. If the expungement is for an arrest that resulted in a non-conviction, the arrest record is also expunged from the arresting agency. If the court granted an Order for Expungement of conviction information, the arrest record may still be available at the arresting agency.
An expungement does not remove or seal the information from the Judiciary’s system (currently referred to as eCourt Kokua) or other case files.
There is a $35.00 fee for a First-Time expungement and $50.00 for a Non-First-Time Expungement. A $10 non-refundable administrative fee is included in this amount.
Payment is made by money order or cashier’s check made payable to the “State of Hawaii”.
If the Expungement form is submitted in person at the Hawaii Criminal Justice Data Center, your form and payment should be placed in a sealed envelope and deposited into the Drop Box located in Room 102, at the front counter.
Mail Expungement Form and Payment to:
Hawaii Criminal Justice Data Center
465 S. King St. #102
Honolulu, HI. 96813
An expungement can take up to 120 days (approximately 4 months). You will receive a certificate when the expungement is completed. Until that time, the qualifying arrests will remain on your criminal record. The certificate will state which arrests have been expunged from your criminal record.
Yes, if you are submitting an expungement form for either Driving Under the Influence, Under the Age of Twenty-One conviction, or First-Time Drug Related/Property Offender conviction with the Expungement Application (HCJDC-159(b)).
It is not required for Non-Conviction expungements, but sending in a copy of your certified dismissal order is helpful.
For copies of your court documents, you may contact the Judiciary Communication & Community Relations Office at (808) 539-4909, or visit their website at http://www.courts.state.hi.us.
- Charges without final dispositions.
- In the case of a person who was involuntarily hospitalized pursuant to section 706‑607, or who was acquitted or had charges dismissed pursuant to chapter 704 due to a physical or mental disease, disorder, or defect;
- Charges with guilty dispositions, with the exception of when the court grants an order for the expungement of a conviction for certain offenses or circumstances:
- §291E-0064(e) – Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one;
- §706-622.5 – Sentencing for first-time drug offender;
- §706-622.8 – First-time drug offender prior to 2004; and
- §706-622.9 – Sentencing for first-time property offender.
- Charges with less than one (1) year from the dismissal of a deferred acceptance of guilty or no contest pleas.
- Prostitution charges (712-1200) with less than four (4) years from dismissal of deferred acceptance of guilty or no contest pleas.
- Other circumstances as listed in section 831-3.2, HRS.
No, pardoned charges do not qualify for expungement. it will remain on your criminal arrest record with a notation of the pardon and the pardon date. For more information about pardons, you may contact the Hawaii Paroling Authority (HPA) at (808) 587-1300, or visit their website at http://www.dps.hawaii.gov/hpa.
The fee includes a $10.00 non-refundable administrative fee that will not be returned even if it is found that your charge does not qualify. Your Expungement form and the remainder of the fee will be returned to you.
No, we do not expunge juvenile charges. For information about juvenile charges, contact Family Court at (808) 954-8144.
No, but you may send in your expungement form by certified mail which can be tracked by the U.S. Postal Service or any other mail delivery service that can be tracked.
Although it is not statutorily mandated that an order be sent to the FBI, we will send a notification to the FBI requesting that they remove the expunged Hawaii charges from their files.
An expungement does not remove or seal court records or traffic abstracts. You may visit the Hawaii State Judiciary’s webpage on sealing court records.
You should contact the agency that you are applying with for information.
You may mail your request for a duplicate expungement certificate the HCJDC at 465 South King Street, Room 102, Honolulu, HI 96813. Requests may take up to 30 days to be completed. Your request for a duplicate expungement certificate must include the following:
- Cashier’s check or money order for $20 made payable to “State of Hawaii”;
- Copy of valid photo ID;
- Your full Name;
- Any previous names or aliases;
- Date of birth;
- List of charges that were expunged;
- Day-time phone number;
- Mailing address;
- Date of request; and
- Your signature.