Overview Description

Records related to a felony that did not result in conviction because of a voluntary plea of guilty or nolo contendere prior to trial, may be expunged upon application to the court, one year from the discharge. HRS § 853-1.

See HRS § 831-3.2(a) for a list of ineligible offenses.

A written application must be filed with the court. HRS § 853-1(e). For specific procedure, see HRS § 831-3.2.

See HRS § 853-1(b) for language regarding fees.

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 he or she has no record regarding the specific arrest, whether or not under oath. HRS § 831-3.2