In Hawaii, your criminal record can be expunged -- that is, sealed or erased -- under the circumstances described below. If your criminal record is expunged, it is confidential and will no longer be available to the public. In most cases, you will not have to disclose that you were arrested or charged with a crime. (Hawaii Revised Statutes § 831.32.)
Expungement If You Were Not Convicted of a Crime
If you were arrested -- or arrested and charged -- but not convicted of a crime, you can ask to have your criminal history record expunged. An expungement order will not be granted for:
- misdemeanor or felony arrests where there was no conviction because of bail forfeiture
- a period of five years after an arrest or charge for a petty misdemeanor or violation where conviction was not obtained because of bail forfeiture
- a period of one year after dismissal in the case of a deferred acceptance of a plea of guilty or nolo contendere, or
- acquittal due to certain mental or physical defects.
For more details, carefully read Section 831-3.2 of the Hawaii Revised Statutes or consult a criminal law attorney.
Expungement If You Were Convicted of a Crime
First-time drug convictions. In some cases, expungement may be available for first-time, nonviolent drug offenders who have completed probation and treatment. (Hawaii Revised Statutes § 706.622.5.)
Other convictions. Expungement is not generally available for other convictions in Hawaii.
How to File
Getting Legal Help
Cleaning up a criminal record can be complicated. To learn more about expunging criminal records in Hawaii -- and to discuss your personal circumstances -- you should contact a qualified criminal law attorney. A good lawyer can guide you each step of the way.