Hawaii

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for expungement and sealing in some situations.  

In a case of driving after consuming alcohol when you were under 21, the record can be expunged after you turn 21, so long as you haven’t had any other law enforcement contact related to alcohol or drugs. You must file a petition with the court to start the process.
If you successfully complete treatment and probation for your first or second drug case, the record can be expunged immediately. You must submit a written application to the court to start the process, and if you meet the criteria the judge, must grant your application.
If you were wrongfully convicted, your record can be expunged immediately. You must submit a written request to the attorney general.
If you were convicted of prostitution or related charges because you were a victim of human trafficking, the conviction can be vacated so long as the petition is filed within six years of when you stopped being trafficked. You must file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.
If you were convicted of prostitution, your conviction can be expunged if there is no subsequent conviction within three years from the original conviction. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

Adult criminal records for cases in which you completed a diversion or deferral program are eligible for expungement and sealing in some situations.

If you successfully completed probation after deferred adjudication and your case is discharged and dismissed, the record can be expunged one year after the dismissal. You have to submit a written request to the attorney general to start the expungement process. If you meet the criteria, the attorney general must grant your request.
Once your record has been expunged by the attorney general, you have to file a petition with the court to start the sealing process. If you meet the criteria, the judge has to grant your petition.
In a prostitution case, if you successfully completed pre-adjudication probation and your case is discharged and dismissed, the record can be expunged three years after the dismissal. You must submit a written request to the attorney general to start the expungement process. If you meet the criteria, the attorney general must grant your request.
Once your record has been expunged by the attorney general, you must file a petition with the court to start the sealing process, and if you meet the criteria, the judge must grant your petition.
If you successfully completed pre-adjudication probation for your  first drug offense and your case is discharged and dismissed, the record should be expunged immediately if you were not older than 20 when you committed the offense. You must file a petition with the court to start the process, and if you meet the criteria, the judge must grant your petition.

Adult criminal records for arrests for which you were never convicted are eligible for expungement and sealing.

Unless bail forfeiture occurred, the record can be expunged immediately.
If there was bail forfeiture in your case, the record can be expunged five years after the arrest or citation. You must submit a written request to the attorney general to start the expungement process. If you meet the criteria, the attorney general must grant your request.
If you were arrested for a petty misdemeanor but were never convicted, your record can be expunged five years after the arrest. You must submit a written request to the attorney general.
If your case or charges were dismissed because of deferred acceptance of guilty plea or nolo contendere plea, the records can be expunged one year after discharge and dismissal. You must submit a written request to the attorney general.
Once your record has been expunged by the attorney general, you must file a petition with the court to start the sealing process. If you meet the criteria, the judge must grant your petition.
If you were arrested for a felony but not convicted, the record can be expunged one year after discharge. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

Adult Criminal Record Clearance Policies

Convictions

Records relating to specified first or second drug offense convictions can be expunged by the court following the successful completion of a drug treatment program and probation. Haw. Rev. Stat. § 706-622.5(4).
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Records relating to prostitution and related convictions under sections 712-1200, 712-1206, or 712-1207 can be vacated by the court if there is no subsequent conviction within 3 years after the original conviction. Haw. Rev. Stat. § 712-1209.6(1).
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A record relating to a first conviction for driving a vehicle after consuming alcohol while under the age of 21 can be expunged by the court once the petitioner reaches 21, if the petitioner has had no subsequent alcohol or drug related law enforcement contacts. Haw. Rev. Stat. § 291E-64(e).
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Diversion/Deferral Program

Records of a prostitution case dismissed following successful completion of pre-adjudication probation may be expunged by the attorney general three years after discharge and dismissal. Haw. Rev. Stat. § 712-1200(4)(c).
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Records of a case dismissed after the successful completion of pre-adjudication probation for a first drug offense under section 712-1255 can be expunged by the court if the person was not over the age of 20 at the time of the offense. Haw. Rev. Stat. § 712-1256.
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Records of a case dismissed after discharge 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, can be expunged by the attorney general one year after discharge and dismissal. Haw. Rev. Stat. § 831-3.2(a)(5).
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Factual Innocence

Upon application, records relating to a wrongful conviction are expunged by the attorney general immediately. HRS § 831-3.2.
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Non-Conviction Arrests

Records related to a felony that did not result in conviction because of a voluntary plea of guilty or nolo contendere prior to trial, may be expunged upon application to the court, one year from the discharge. HRS § 853-1.
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Records relating to a petty misdemeanor or violation arrest that does not result in a conviction because of bail forfeiture can be expunged by the attorney general five years after the arrest or citation. Haw. Rev. Stat. § 831-3.2(a)(2).
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Records relating to an arrest that does not result in conviction can be expunged by the attorney general. Haw. Rev. Stat. § 831-3.2(a).
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Juvenile Record Clearance Overview

Court Records

Below is a general overview of when juvenile records can be expunged in Hawaii. Please note that the Clean Slate Clearinghouse does not provide legal advice.

Read the legal policies and statutes for detailed statutory information. 

Juvenile Record Clearance Policies Overview  

If you were not adjudicated (not found guilty), most law enforcement records can be expunged. You must submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
If you were arrested for a matter under family court and you were not counseled and released by police, your record can be expunged if the case was not referred to a prosecuting attorney or to the family court. You must submit a request to the court to start the process, and it is up to the judge whether to grant your request.

Find a Lawyer 

If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.   

Court Forms and Resources

If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.

Juvenile Record Clearance Policies

Law Enforcement Records

A record relating to a juvenile arrest for a matter under family court jurisdiction can be expunged if the matter was not referred to the prosecuting attorney or the family court and the person was counseled, released by the police, and is now an adult. Haw. Rev. Stat. § 571-88(a).
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A record relating to a juvenile arrest for a matter under family court jurisdiction can be expunged if the matter was referred to the prosecuting attorney or the family court and the person was not adjudicated responsible by the court. Haw. Rev. Stat. § 571-88(a).
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A record relating to a juvenile arrest for a matter under family court jurisdiction can be expunged if the matter was referred to the prosecuting attorney or the family court and the matter was dismissed with prejudice. Haw. Rev. Stat. § 571-88(a).
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A record relating to a juvenile arrest for a matter under family court jurisdiction can be expunged if the matter was not referred to the prosecuting attorney or the family court, and the person was not counseled and released by police. Haw. Rev. Stat. § 571-88(a).
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Find A Lawyer

Legal service providers located in the state.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Hawaii State Bar Association Lawyer Referral Service

Service area: Statewide