1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just "disappear"?
No. The records cannot be accessed for general law enforcement or civil use. Expungement is defined by agency policy in which records are segregated and kept confidential, or destroyed. Hawaii statutes § 571-88.
3. What records may be expunged?
Any records relating to the arrest of the minor for a specific offense, including fingerprints. Hawaii statutes § 571-88, § 571-72. Arrest records related to the arrest of a first-time non-violent drug offender Hawaii Statutes § 706-622.5. Arrests records, photographs and fingerprints of persons charged or arrested but not convicted. Hawaii Statutes § 831-3.2.
4. Who is eligible for an expungement?
1. A juvenile who was arrested but never tried and convicted of the charges. Hawaii Statutes § 571-88.
2. A person who was dismissed and the proceedings against the person discharged was not over twenty years old at the time of the offense. Hawaii Statutes § 712-1256.
3. A person who is a non-violent first-time drug offender who completes probation and treatment and has never had an expungement order for a similar offense. Hawaii Statutes §706-622.5.
4. A person charged with or arrested for a crime but not convicted. Expungement is not eligible if:(1) In the case of an arrest for a felony or misdemeanor where conviction has not been obtained because of bail forfeiture;
(2) For a period of five years after arrest or citation in the case of a petty misdemeanor or violation where conviction has not been obtained because of a bail forfeiture;
(3) In the case of an arrest of any person for any offense where conviction has not been obtained because the person has rendered prosecution impossible by absenting oneself from the jurisdiction;
(4) In the case of a person acquitted by reason of a mental or physical defect under chapter 704; and
(5) For a period of one year upon discharge of the defendant and dismissal of the charge against the defendant in the case of a deferred acceptance of guilty plea or nolo contendere plea, in accordance with chapter 853. Hawaii Statutes § 831-3.2.
3. How do I get records expunged?
In the case of a juvenile offender not tried and found guilty, that person, or their parent/guardian if still a minor, may petition the court in writing for an order of expungement. Upon issuance of an expungement order under this section, the court shall forward copies of the expungement order to the police department and the department of the attorney general for expungement of the arrest record. Hawaii Statutes § 571-88.
A person arrested for an offense committed while under 21 but had charges disposed of may also petition the court for an order of expungement. The court will grant the order after a hearing, if it finds that such person was dismissed and the proceedings against the person discharged and that he was not over twenty years of age at the time of the offense. Hawaii Statutes § 712-1256.
A person who is a non-violent first-time drug offender who completes probation and treatment and has never had an expungement order for a similar offense must petition the court for an order of expugement. Hawaii Statutes §706-622.5.
Expungement of records of persons not convicted under Hawaii Statutes § 831-3.2 is mandatory upon written petition to the attorney general’s office.
