Expungement is the sealing of criminal history records as determined by the state of dwelling. In the state of Hawaii any records in relation to the arrest of a minor for a specific offense may be expunged. This includes fingerprints according to Hawaii statutes 571-88 and 571-72. Any criminal records in relation to the arrest of a first-time non-violent drug offense may be expunged. The materials that are sealed and expunged can include the photographs, fingerprints, arrest records of the individual who was charge and arrested but not convicted of the crime. DNA records may also be expunged.
Hawaii Expungement Eligibility
Any arrested juvenile who has met certain conditions is eligible. There are two conditions to be eligible, the first is where the matter was not referred to the family court or a prosecuting attorney where the individual was not counseled and released by the police or the individual was released and counseled by the police and has become an adult. The second case for eligibility is where the individual's matter was referred to the prosecuting attorney or the family court where the court did not adjudicated the individual responsible or where the matter was dismissed with prejudice according to Hawaii Statutes 571-88.
Any person who has been dismissed and all the proceedings against him or her have been discharged and was not over the age of twenty at the time of the offense is also eligible for expungement in Hawaii. Any person who is a first-time non-violent drug offender who has completed probation and treatment may apply for expungement. However certain cases under this criterion do not apply. Two of these include previous expungement of a similar offense and methamphetamine trafficking under the first and second degrees.
Any individual who was charged and arrested for a crime but was not convicted may apply. Expungement is not eligible for individuals who where convicted of a misdemeanor or felony but the conviction was not obtained due to bail forfeiture; who did not obtain conviction due to bail forfeiture after a period of five years for the citation of a violation or petty misdemeanor; who was arrested and no conviction was obtained because the individual has rendered prosecution impossible by being absent; who was acquitted due to mental or physical defect under chapter 704; and who was dismissed of a charge after a year due to the plea of guilty or nolo contendere along with chapter 853.
Any person not convicted under Hawaii Statutes 831-3.2 will receive mandatory expungement after a written petition to the attorney general's office. When requesting expungement for DNA samples and profiles, a written request must be submitted to release all samples from the state DNA database and data bank identification program. An individual must send a copy of the request to the trial court of the circuit as entered into conviction, the department, and the prosecuting attorney in the county where he or she was adjudicated or convicted. Proof of service to all a parties must be shown. See also:
Hawaii Misdemeanor External link (opens in new window)
Hawaii Felony External link (opens in new window)
Hawaii Gun Laws External link (opens in new window)