Hawaii: Adult Non-Conviction Arrests (HI-NC-1)

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).

Record Detail(s)

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See Haw. Rev. Stat. § 831-3.2(a) for list of ineligibles. Persons acquitted by reason of mental disease or defect and those whose conviction was not obtained because they fled the jurisdiction are ineligible for expungement. Haw. Rev. Stat. § 831-3.2(a)..

Procedure General

A written request must be submitted to the attorney general for an expungement order and the return of fingerprints and photographs. For the specific procedure, see Haw. Rev. Stat. § 831-3.2. Records that have been expunged pursuant to an attorney general's expungement order can be sealed by the court.

Fees

There is no statutory 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 they have no record regarding the specific arrest, whether or not under oath. Haw. Rev. Stat. §§ 831-3.2(b)-(e).

Forms

For the application requesting an expungement of records in Hawaii, visit here.

Waiting Periods

The written request can be submitted at any time.

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