Overview Description

Records of a case dismissed after successful completion of pre-adjudication probation can be expunged by the attorney general one year after discharge and dismissal. Haw. Rev. Stat. § 831-3.2(a)(5).

Ineligible Category or Citation

See section 853-4 for offenses ineligible for deferred adjudication.

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. Click here for more information.

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).

Waiting Periods

The petition can be filed one year after discharge and dismissal.

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