Hawaii: Adult Diversion/Deferral Program (HI-D-5)

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.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See sections 712-1255(1) and 712-1256(1) for offenses eligible for deferral.

Procedure General

After the case is dismissed following the petitioner's successful completion of deferred adjudication, a petition must be filed in court for an expungement of all records. For the specific procedure, see Haw. Rev. Stat. § 712-1256.

Fees

There is no statutory language regarding fees.

Effect

The petitioner is restored to the status occupied before arrest or indictment. They do not need to acknowledge the arrest or case. Haw. Rev. Stat. §§ 712-1256 (3), (4).

Waiting Periods

The petition can be filed at any time after discharge and dismissal.

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