Expungement Statutes
This statute provides for the expungement of non-conviction arrest records for individuals who were arrested, charged, or whose cases were dismissed, discharged, or deferred. Eligible individuals apply through the Attorney General's Hawaiʻi Criminal Justice Data Center (HCJDC). The HCJDC also processes expungement requests for qualifying convictions under §§706-622.5, 706-622.8, 706-622.9, and deferred pleas under Chapter 853.
Learn more about HRS § 831-3.2This statute applies to first-time and second-time non-violent drug offenders. Upon completion of court-mandated probation or treatment, if the person remains conviction-free, they may petition for expungement of the offense.
Learn more about HRS § 706-622.5This statute applies retroactively to individuals who would have qualified under §706-622.5 before July 1, 2004, but were sentenced under the older law. It allows those earlier offenders to apply for the same expungement benefits now available under §706-622.5.
Learn more about HRS § 706-622.8This statute applies to first-time, non-violent property offenders who do not have prior drug convictions. After successful completion of probation or treatment and if no new offenses have occurred, the defendant may request expungement.
Learn more about HRS § 706-622.9This subsection provides that drivers under 21 convicted of operating a vehicle with a measurable amount of alcohol may be eligible for expungement. The court may expunge the record one year after conviction if the person has no new alcohol- or drug-related offenses within that year and submits a written request.
Learn more about HRS § 291E-64This statute outlines the eligibility criteria and process for expunging juvenile arrest records, including specific circumstances where an expungement can be requested by minors or their guardians.
Learn more about HRS § 571-88Recent Legislation
Signed by Governor Green on July 9, 2024, Act 241 established a task force dedicated to providing recommendations on the implementation of a state-initiated expungement process in Hawaiʻi. The task force's most recent report to the Legislature acknowledged the societal, technical, and legal complexities involved and did not provide a firm set of implementation recommendations.
Also signed in 2024, Act 62 created a pilot project administered by the Department of the Attorney General to expunge certain arrest records pertaining to prior drug arrests under HRS §712-1249. The pilot, conducted in Hawaiʻi County, resulted in the clearing of 1,321 records. The Attorney General's Office reported that the expungement process cannot be fully automated due to the need for extensive human review.
Expungement Forms
This is the official form used to request expungement of juvenile arrest records pursuant to HRS § 571-88.
Download the formThis form is for individuals applying for expungement of non-conviction information, first-time drug offenses, first-time property offenses, and alcohol-related offenses for those under 21. A $35 fee is required for first-time applications and a $50 fee for re-applications.
Download the form