Expungement Frequently Asked Questions

Commonly asked questions and their answers may be found here

  1. What is an expungement?
  2. How much does an expungement cost?
  3. How do I submit payment for an expungement?
  4. How long does the expungement take?
  5. Do I need to submit court documents with my expungement form?
  6. How do I obtain a copy of my court documents and traffic abstract?
  7. What if I don’t remember what I was arrested for?
  8. What does not qualify for an expungement?
  9. Do convictions ever qualify for expungement?
  10. Will a pardon qualify my arrest charge to be expunged?
  11. What happens if my expungement request does not qualify?
  12. Do you expunge juvenile charges?
  13. Will I be notified when my expungement form is received?
  14. Will my record at the Federal Bureau of Investigation (FBI) be expunged?
  15. What about my court information?
  16. How will the expungement affect my application for a visa, employment, etc.?
  17. How can I get a copy of my expungement certificate?

What is an expungement?

If you are arrested or charged with, but not convicted of a crime, you can apply to have that arrest expunged from your criminal record. Your arrest must meet certain criteria as specified by Hawaii Revised Statutes Section 831-3.2. If you have an Expungement Court Order for Conviction for either Driving Under the Influence, Under the Age of Twenty-One (HRS 291E-64), or First-Time Drug Related Offender (HRS 706-622.5), you may apply for an Expungement.

Arrest records that have been expunged from your criminal record are confidential and are not available to the general public.

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How much does an expungement cost?

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.

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How do I submit payment for an expungement?

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.

–OR–

Mail Expungement Form and Payment to:

Hawaii Criminal Justice Data Center
Expungement Section
465 S. King St. #102
Honolulu, HI. 96813

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How long does the expungement take?

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.

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Do I need to submit court documents with my expungement form?

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 conviction.

It is not required for Non-Conviction expungements, but sending in a copy of your certified dismissal order is helpful.

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How do I obtain a copy of my court documents and traffic abstract?

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.

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What if I don’t remember what I was arrested for?

You may write “All Expungeable” in the “Offense” column, and we will expunge all charges that qualify. If you do know what you were arrested for, write the charge in the “Offense” column. Any additional information such as date of arrest and place of arrest will also be helpful.

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What does not qualify for an expungement?

  • Charges without final dispositions.
  • Charges with guilty dispositions, except for Driving Under the Influence, Under the Age of Twenty-One (HRS 291E-64), and First-Time Drug Related convictions (HRS 706-622.5), both of which must be submitted with an Expungement Court Order.
  • Charges resulting in acquittals by reason of insanity or mental incapacity.
  • Charges with less than one (1) year from dismissal of a deferred acceptance of guilty or no contest pleas.
  • Prostitution (HRS 712-1200) charges with less than four (4) years from dismissal of deferred acceptance of guilty or no contest pleas.

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Do convictions ever qualify for expungement?

Yes, in 2 instances:

  • Driving Under the Influence, Under the Age of Twenty-One conviction (HRS 291E-64); and
  • First-Time Drug Related conviction (HRS 706-622.5)

Requests for expungment of these must be submitted with an Expungement Court Order.

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Will a pardon qualify my arrest charge to be expunged?

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.

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What happens if my expungement request does not qualify?

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.

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Do you expunge juvenile charges?

No, we do not expunge juvenile charges. For information about juvenile charges, contact Family Court at (808) 954-8144.

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Will I be notified when my Expungement form is received?

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.

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Will my record at the Federal Bureau of Investigation (FBI) be expunged?

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.

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What about my court information?

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.

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How will the expungement affect my application for a visa, employment, etc.?

You should contact the agency that you are applying with for information.

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How can I get a copy of my expungement certficate?

You can request a copy by writing to our office; the fee amount is $20.00. Payment must be made by money order or cashier’s check made payable to the “State of Hawaii”. Include a copy of your valid photo ID, your full current name, any previous names, date of birth, social security number (optional), the charges that were expunged, a day time phone number, and mailing address. Requests may take up to 30 days to be completed.

Hawaii Criminal Justice Data Center
Expungement Section
465 S. King Street, Room 102
Honolulu, HI 96813

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