Expunging or Sealing a Felony in Hawaii

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.

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.

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.