Hawaii: Adult Non-Conviction Arrests (HI-C-4)

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.

Record Detail(s)

No conviction obtained

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See HRS § 831-3.2(a) for a list of ineligible offenses.

Procedure General

A written application must be filed with the court. HRS § 853-1(e). For specific procedure, see HRS § 831-3.2.

Fees

See HRS § 853-1(b) for language regarding fees.

Effect

The petitioner is treated as not having been arrested and law enforcement records are made confidential. The expungement certificate authorizes the petitioner to say that he or she has no record regarding the specific arrest, whether or not under oath. HRS § 831-3.2

Waiting Periods

There is a 1-year waiting period.

Back to Hawaii