Hawaii: Adult Non-Conviction Arrests (HI-NC-2)

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).

Record Detail(s)

No conviction obtained

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This section applies only to petty misdemeanors and violations. Haw. Rev. Stat. § 831-3.2(a)(2).

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 petition can be filed five years after the arrest or citation.

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