How to File for Expungement in Hawaii

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.

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.

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.

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.