Overview Description

A record relating to a juvenile arrest for a matter under family court jurisdiction can be expunged if the matter was not referred to the prosecuting attorney or the family court and the person was counseled, released by the police, and is now an adult. Haw. Rev. Stat. § 571-88(a).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

A written application can be filed with the court. For the specific procedure, see Haw. Rev. Stat. 571-88(a).

Fees

There is no statutory language regarding fees.

Effect

 

Upon the entry of an expungement order, the person can respond to any question or inquiry, whether or not under oath, that they have no record regarding the specific arrest that was expunged. Haw. Rev. Stat. § 571-88(c)(2)(A).

“Expunge” means a process defined by agency policy in which records are segregated and kept confidential, or destroyed. Haw. Rev. Stat. § 571-88(e).

Waiting Periods

The petition can be filed upon the juvenile reaching the age of 18.

(non-prod server)