Overview Description

Records relating to an arrest that does not result in conviction can be expunged by the attorney general. Haw. Rev. Stat. § 831-3.2(a).

Ineligible Category or Citation

Persons acquitted by reason of mental disease or defect and those whose conviction was not obtained because they fled the jurisdiction are ineligible for expungement. Haw. Rev. Stat. § 831-3.2(a).

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).

Forms

For the application requesting an expungement of records in Hawaii, visit here.

Waiting Periods

The written request can be submitted at any time.

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