Hawaii: Juvenile Law Enforcement Records (HI-LE-1)

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).

Record Detail(s)

Charges not filed

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See Haw. Rev. Stat. § 571-88(a) for ineligible offenses.

Procedure General

A written application must be filed with the court. For the specific procedure, see Haw. Rev. Stat. 571-88.

Fees

There is no statutory language regarding fees.

Effect

Upon the entry of an expungement order, the person can respond to any question or inquiry, whether or not under oath, that they have no record regarding the specific arrest that was expunged. Haw. Rev. Stat. § 571-88(c)(2)(A). "Expunge" means a process defined by agency policy in which records are segregated and kept confidential, or destroyed. Haw. Rev. Stat. § 571-88(e).

Waiting Periods

The written request can be filed at any time.

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