Question 1

Can you get a criminal record expunged in Hawaii?

Accepted Answer

Hawaii offers "expungement" of arrest records that did not lead to conviction, issued by the Attorney General through the Hawaii Criminal Justice Data Center. Courts can also order expungement of certain convictions: first-time drug offenders and first-time property offenders who complete treatment and probation, possession of three grams or less of marijuana, and under-21 drivers convicted of driving after consuming a measurable amount of alcohol. Juvenile arrest records can be expunged by the family court. Pardons are granted by the governor.

Question 2

Can you clear an arrest or dismissed charge in Hawaii?

Accepted Answer

A person arrested for or charged with a crime but not convicted may apply in writing to the Attorney General for an expungement order. An order cannot be issued when the case ended through bail forfeiture on a felony or misdemeanor (or within five years for a petty misdemeanor or violation), when the person made prosecution impossible by leaving the jurisdiction, or when the person was acquitted or had charges dismissed because of a mental disease or defect. After a deferred acceptance of a guilty or no-contest plea, the person must wait one year after discharge and dismissal (four years for a § 712-1200 prostitution charge). A citation or summons without an arrest leaves no arrest record to expunge.

Question 3

Can a misdemeanor be expunged in Hawaii?

Accepted Answer

Hawaii has no general law for expunging misdemeanor convictions. Conviction expungement is limited to the listed sentencing provisions: first-time drug offender sentencing, possession of three grams or less of marijuana, and the under-21 measurable-alcohol driving offense. A deferred acceptance of a guilty or no-contest plea that ends in dismissal is treated as a non-conviction and can be expunged one year after discharge.

Question 4

Can a felony be expunged in Hawaii?

Accepted Answer

Felony convictions generally cannot be expunged. Exceptions: a first-time nonviolent drug offender sentenced to probation with substance abuse treatment may get a court order expunging the conviction (one time only) after completing treatment and probation; and a person convicted for the first time of a class C felony property offense who was sentenced to treatment-based probation may get the conviction expunged after completing the program, if the person has no prior felony conviction. People sentenced before June 22, 2006 who would have qualified for the property-offender program may also apply.

Question 5

Does Hawaii have automatic record clearing (clean slate)?

Accepted Answer

No automatic expungement process was found; arrest expungement requires an application to the Attorney General, and conviction expungement requires a court order. Since July 1, 2025, once an expungement order is issued, HCJDC automatically sends it to the Judiciary so the court can seal or remove the case from its public electronic databases; orders issued before that date still require the person to contact the Judiciary.

Question 6

Can a DUI be expunged in Hawaii?

Accepted Answer

Only the under-21 offense of operating a vehicle after consuming a measurable amount of alcohol (§ 291E-64(e)) is on the Attorney General's list of convictions a court may expunge. Adult impaired-driving (OVUII) convictions are not on that list. A DUI arrest that did not result in conviction may be expunged under the non-conviction rules.

Question 7

How do you seal a juvenile record in Hawaii?

Accepted Answer

The family court may expunge a juvenile arrest record on written application by the person (or a parent or guardian if still a minor) if the matter was not referred to the prosecutor or court (and the person was not counseled and released, or was counseled and released and is now an adult), or if it was referred but the person was not adjudicated responsible or the matter was dismissed with prejudice. The court issues a certificate allowing the person to say there is no record of the arrest without risk of perjury or other adverse action.

Question 8

How do you file for expungement in Hawaii?

Accepted Answer

For a non-conviction arrest, mail the Expungement Application (Form HCJDC 159(b)) to the Hawaii Criminal Justice Data Center with the fee; processing takes about 120 days and is not expedited, and status is not given by phone or email. For an eligible conviction, first get a court order granting expungement of the conviction (by written application to the sentencing court), then include a copy of that order with the HCJDC Expungement Application. Applicants are notified by mail if denied.

Question 9

How much does expungement cost in Hawaii?

Accepted Answer

The HCJDC fee is $35 for a first-time expungement and $50 for a later one, each including a non-refundable $10 processing fee; a duplicate certificate costs $20. Payment must be by cashier's check or money order payable to "State of Hawaii." If denied, the fee minus $10 is refunded.

Question 10

What happens after a record is expunged or sealed in Hawaii?

Accepted Answer

After an arrest is expunged, the person is treated as not having been arrested, and the certificate authorizes the person to say, even under oath, that there is no record of that arrest, without risk of perjury, civil suit, firing or other adverse action. Expunged arrest records go into a confidential file available only to courts preparing presentence reports, agencies considering the person for national or state security positions, and law enforcement. Court records may still be retained; for conviction expungements, the conviction is removed only from the statewide repository and may remain with the arresting agency and courts. Immigration authorities may treat expunged convictions differently.

Question 11

How do you get a pardon in Hawaii?

Accepted Answer

The governor grants pardons. The governor may refer pardon applications to the director of corrections and rehabilitation and the Hawaii Paroling Authority, which must provide information and a recommendation.

Question 12

Can old marijuana convictions be cleared in Hawaii?

Accepted Answer

On motion by a person convicted of possessing marijuana under § 712-1249, where the facts led to no other criminal charge and the amount was three grams or less, the court must grant an order expunging the conviction.

Question 13

How do I check my own criminal record in Hawaii?

Accepted Answer

The Hawaii Criminal Justice Data Center (HCJDC), part of the Department of the Attorney General, keeps the statewide criminal history system. Its Access & Review service lets you review your own full State of Hawaii arrest record for personal use only (it may not be given to a third party). Fingerprints are required: in-office review costs $55 and is by appointment only, with fingerprints taken at HCJDC; by-mail review costs $35 plus any fingerprinting fee charged by your local law enforcement agency. No cash; money orders and cashier's checks are payable to "State of Hawaii" (cards carry a 3% fee). Turnaround is 3-5 business days. Phone: (808) 587-3279. Separately, adult conviction information is public on the eCrim website.

What relief the state offers	Hawaii offers "expungement" of arrest records that did not lead to conviction, issued by the Attorney General through the Hawaii Criminal Justice Data Center. Courts can also order expungement of certain convictions: first-time drug offenders and first-time property offenders who complete treatment and probation, possession of three grams or less of marijuana, and under-21 drivers convicted of driving after consuming a measurable amount of alcohol. Juvenile arrest records can be expunged by the family court. Pardons are granted by the governor. Source: Haw. Rev. Stat. §§ 831-3.2, 706-622.5, 706-622.9, 291E-64(e), 571-88; HCJDC Expungements page
Arrests and dismissed charges	A person arrested for or charged with a crime but not convicted may apply in writing to the Attorney General for an expungement order. An order cannot be issued when the case ended through bail forfeiture on a felony or misdemeanor (or within five years for a petty misdemeanor or violation), when the person made prosecution impossible by leaving the jurisdiction, or when the person was acquitted or had charges dismissed because of a mental disease or defect. After a deferred acceptance of a guilty or no-contest plea, the person must wait one year after discharge and dismissal (four years for a § 712-1200 prostitution charge). A citation or summons without an arrest leaves no arrest record to expunge. Source: Haw. Rev. Stat. § 831-3.2(a); HCJDC Expungements page
Misdemeanor convictions	Hawaii has no general law for expunging misdemeanor convictions. Conviction expungement is limited to the listed sentencing provisions: first-time drug offender sentencing, possession of three grams or less of marijuana, and the under-21 measurable-alcohol driving offense. A deferred acceptance of a guilty or no-contest plea that ends in dismissal is treated as a non-conviction and can be expunged one year after discharge. Source: Haw. Rev. Stat. §§ 706-622.5, 291E-64(e), 831-3.2(a)(5); HCJDC Expungements page
Felony convictions	Felony convictions generally cannot be expunged. Exceptions: a first-time nonviolent drug offender sentenced to probation with substance abuse treatment may get a court order expunging the conviction (one time only) after completing treatment and probation; and a person convicted for the first time of a class C felony property offense who was sentenced to treatment-based probation may get the conviction expunged after completing the program, if the person has no prior felony conviction. People sentenced before June 22, 2006 who would have qualified for the property-offender program may also apply. Source: Haw. Rev. Stat. §§ 706-622.5(4), 706-622.9(3)-(4)
DUI / DWI convictions	Only the under-21 offense of operating a vehicle after consuming a measurable amount of alcohol (§ 291E-64(e)) is on the Attorney General's list of convictions a court may expunge. Adult impaired-driving (OVUII) convictions are not on that list. A DUI arrest that did not result in conviction may be expunged under the non-conviction rules. Source: Haw. Rev. Stat. §§ 291E-64(e), 831-3.2; HCJDC Expungements page
Juvenile records	The family court may expunge a juvenile arrest record on written application by the person (or a parent or guardian if still a minor) if the matter was not referred to the prosecutor or court (and the person was not counseled and released, or was counseled and released and is now an adult), or if it was referred but the person was not adjudicated responsible or the matter was dismissed with prejudice. The court issues a certificate allowing the person to say there is no record of the arrest without risk of perjury or other adverse action. Source: Haw. Rev. Stat. § 571-88
Past marijuana convictions	On motion by a person convicted of possessing marijuana under § 712-1249, where the facts led to no other criminal charge and the amount was three grams or less, the court must grant an order expunging the conviction. Source: Haw. Rev. Stat. § 706-622.5(5)

How to apply	For a non-conviction arrest, mail the Expungement Application (Form HCJDC 159(b)) to the Hawaii Criminal Justice Data Center with the fee; processing takes about 120 days and is not expedited, and status is not given by phone or email. For an eligible conviction, first get a court order granting expungement of the conviction (by written application to the sentencing court), then include a copy of that order with the HCJDC Expungement Application. Applicants are notified by mail if denied. Source: Haw. Rev. Stat. §§ 831-3.2, 706-622.5(4); HCJDC Expungements page
Filing fee	The HCJDC fee is $35 for a first-time expungement and $50 for a later one, each including a non-refundable $10 processing fee; a duplicate certificate costs $20. Payment must be by cashier's check or money order payable to "State of Hawaii." If denied, the fee minus $10 is refunded. No fee waiver process was described on the page. Source: HCJDC Expungements page
Automatic (clean slate) relief	No automatic expungement process was found; arrest expungement requires an application to the Attorney General, and conviction expungement requires a court order. Since July 1, 2025, once an expungement order is issued, HCJDC automatically sends it to the Judiciary so the court can seal or remove the case from its public electronic databases; orders issued before that date still require the person to contact the Judiciary. Source: Haw. Rev. Stat. § 831-3.2(f); Act 3 (2025); HCJDC Expungements page
Getting a copy of your criminal record	The Hawaii Criminal Justice Data Center (HCJDC), part of the Department of the Attorney General, keeps the statewide criminal history system. Its Access & Review service lets you review your own full State of Hawaii arrest record for personal use only (it may not be given to a third party). Fingerprints are required: in-office review costs $55 and is by appointment only, with fingerprints taken at HCJDC; by-mail review costs $35 plus any fingerprinting fee charged by your local law enforcement agency. No cash; money orders and cashier's checks are payable to "State of Hawaii" (cards carry a 3% fee). Turnaround is 3-5 business days. Phone: (808) 587-3279. Separately, adult conviction information is public on the eCrim website. eCrim: https://ecrim.ehawaii.gov/ Source: Hawaii Criminal Justice Data Center, Other Services (Access & Review)

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