Expungements

NON-CONVICTION ARRESTS

If you are arrested or charged with, but not convicted of a crime, you can apply to have that arrest expunged from your criminal history record. Your arrest record must meet certain criteria as specified by Hawaii Revised Statutes Section 831-3.2. (http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0002.htm). The expungement request for non-conviction arrests must be submitted with the following form, (Expungement of Arrest Records – HCJDC-159). An expungement can take up to 120 days (approximately 4 months). Your Expungement Certificate will be mailed upon completion. 

DRIVING UNDER THE INFLUENCE, UNDER THE AGE OF TWENTY-ONE ARREST CONVICTION

If you are arrested or charged, convicted and sentenced for Operating a Vehicle After Consuming a Measurable Amount of Alcohol; Under the Age of Twenty-One, Hawaii Revised Statutes (HRS) 291E-64, you may petition the courts for an order of expungement of your conviction. Certain criteria must be met as specified by HRS 291E-64. (http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0064.htm). The Expungement of Conviction Court Order must be submitted with the form, (Expungement of Arrest Records Conviction for Driving Under the Influence Under the Age of Twenty-One – HCJDC-159(b). An Expungement can take up to 120 days (approximately 4 months). Your Expungement Certificate will be mailed upon completion.

The expungement of arrest for this type of conviction will remove arrest information from the state criminal history record information system (CJIS-Hawaii) only. To remove your arrest information from the arresting agency’s files, you must contact that agency directly regarding their procedures.

For more information in obtaining a court order, you may contact either your attorney or the Judiciary Communication and Community Relations Office at (808) 539-4909.

DRUG RELATED ARREST CONVICTION

If you are arrested or charged, convicted and sentenced as a First-Time Drug Offender under Hawaii Revised Statutes (HRS) 706-622.5, you may petition the courts for an order of expungement of your conviction. Certain criteria must be met as specified by HRS 706-622.5. (http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0005.htm). The Expungement of Conviction Court Order must be submitted with the form, (Expungement of Arrest Records for First-Time Drug Conviction – HCJDC 159(c)). An expungement can take up to 120 days (approximately 4 months). Your Expungement Certificate will be mailed upon completion.

The expungement of arrest for this type of conviction will remove arrest information from the state criminal history record information system (CJIS-Hawaii) only. To remove your arrest information from the arresting agency’s files, you must contact that agency directly regarding their procedures.

For more information in obtaining a court order, you may contact either your attorney or the Judiciary Communication and Community Relations Office at (808) 539-4909.

GENERAL INFORMATON

Arrest records that have been expunged from your criminal history record are confidential and not available to the general public. For more information, refer to Expungement Frequently Asked Questions.

An expungement does not remove or seal court records and traffic abstracts. You may contact the Judiciary Communications and Community Relations Office at (808) 539-4909 regarding court information and traffic abstracts or visit their website at http://www.courts.state.hi.us.

The Expungements Section of the Department of the Attorney General may be reached at (808) 587-3348 or via email at ag.hcjdc@Hawaii.gov