Having a criminal record in Hawaiʻi can make it harder to move forward. Expungement offers a way to clear certain arrests from your record, but the process is different from what many people expect.
In many states, the expungement process involves filing a petition and going to a hearing. Hawaiʻi law doesn’t work that way. In Hawaiʻi, you don’t file a petition with the court or argue your case before a judge.
Instead, you submit an application to the Hawaiʻi Criminal Justice Data Center (HCJDC). The review takes about 120 days, and if your request is approved, your arrest record is removed.
But expungement doesn’t automatically seal court records. If you want those sealed, you have to file a separate request with the court.
There’s no hearing, no appeal process, and not all cases qualify.
Let’s explore the details to help you take the right steps toward a clean slate.
Expunging Criminal Records With the Hawaiʻi Criminal Justice Data Center
Understanding the Expungement Process in Hawaiʻi
Expunging criminal records in Hawaiʻi doesn’t happen through the courts. Instead, you must apply directly to the Hawaiʻi Criminal Justice Data Center (HCJDC) to remove eligible arrest records.
If approved, your arrest record is removed from public access. However, court records remain unless you submit a letter requesting sealing to the court. There’s no hearing, no appeals, and the process takes about 120 days to complete.
Who Qualifies for Expungement in Hawaiʻi?
Unfortunately, Hawaiʻi’s expungement laws are strict, and many criminal records do not qualify for expungement. Hawaiʻi’s laws allow for the removal of many arrest records that did not end in a conviction. However, a criminal charge that ends in a conviction is typically not eligible for expungement unless it involves specific cases, such as certain drug charges, or a deferred acceptance of guilty (DAG).
You may qualify if:
- You were arrested but never convicted
- Your case was dismissed or you were found not guilty
- You completed a deferred acceptance program for first-time drug offenders or other certain offenses
- Your juvenile records meet the criteria under Hawaiʻi law
At the Law Office of Caroline M. Elliot, we provide clear guidance and personalized support. Whether you need help with an expungement request, a letter requesting sealing, or a pardon application, we are here to assist.
Contact us today at (808) 570-6003 to schedule a free consultation and start the process of expunging criminal records in Hawaiʻi.
How to Submit an Expungement Application
The expungement application process requires submitting a completed expungement form to the Hawaiʻi Criminal Justice Data Center. You must also include a money order or cashier’s check to cover the filing fee.
Steps to apply:
- Complete the application form from the Department of the Attorney General website.
- Provide necessary court documents or case files to show eligibility.
- Submit a cashier’s check or money order for the required filing fee.
- Mail your expungement request to the HCJDC and wait for processing.
The criminal justice data center will review your case and decide whether to grant or deny arrests for expungement.
What Happens After Your Expungement Request Is Approved?
Once approved, the Hawaiʻi criminal justice data system removes the arrest record from public view.
However, government agencies like the federal bureau and law enforcement agencies may still have access under specific circumstances such as national or state security concerns.
To fully remove records from the court system, you must file a letter requesting sealing with the court. The court does not expressly permit an appeal if they refuse to seal records.
What Expungement Does NOT Cover
Even with an expungement order, some records remain available to law enforcement agencies and government agencies.
Expungement does NOT:
- Remove felony convictions from your record
- Erase records held by the arresting agency or federal bureau
- Restore civil rights such as gun ownership
- Affect parole decisions by the Hawaiʻi Paroling Authority
Why Expungement Matters for Your Future
Having records expunged can help you obtain housing, pass background checks, and move forward with a fresh start.
While the public record may be cleared, some government agencies may still access sealed records under specific circumstances.
If you have questions about expunging criminal records, an experienced attorney can guide you through the application process and explain how Hawaiʻi’s expungement laws apply to your situation.
Helpful Links:
- Hawaiʻi Criminal Justice Data Center Expungement Information
- Expungement Form from the Hawaiʻi Criminal Justice Data Center
Help With Expungement: Hawaiʻi Criminal Records and Your Future
At the Law Office of Caroline M. Elliot, We Guide You Through the Process
Clearing your criminal record in Hawaiʻi can open new doors, but the process isn’t always straightforward. At the Law Office of Caroline M. Elliot, we help you understand expungement laws and determine the best path forward.
If your arrest record qualifies for expungement, we assist with the expungement application to the Hawaiʻi Criminal Justice Data Center (HCJDC). If you need additional relief, we explore options like court-approved pardons when expungement isn’t possible.
Do You Qualify for Expungement in Hawaiʻi?
Not all conviction records can be expunged under Hawaiʻi law, but many arrest records qualify. Expungement is often an option if:
- Your case was dismissed or you were found not guilty
- You completed a deferred acceptance of guilty (DAG) program
- Your juvenile records are eligible under Hawaiʻi law
- You were arrested, but charges were never filed
We review your criminal history record and explain whether expunging criminal records is possible in your situation.
What If Expungement Isn’t an Option?
If you have a criminal conviction that doesn’t qualify for expungement, a pardon from the governor may be a solution. A pardon does not erase records, but it can restore certain civil rights and show rehabilitation.
The Hawaiʻi Paroling Authority and the Attorney General review pardon applications, making the process different from a court order for expungement. We help you understand these options and build a strong case for relief.
Why Expungement Matters for Your Future
A criminal history can affect job opportunities, housing applications, and even professional licensing. Expunging arrest records can remove barriers that hold you back.
With an expungement order, your public record no longer shows the arresting agency’s report. However, law enforcement agencies and certain government agencies may still have access under specific circumstances.
Take the Next Step Toward a Clean Slate
You don’t have to go through the expungement process alone. At the Law Office of Caroline M. Elliot, we provide clear guidance and personalized support. Whether you need help with an expungement request, a letter requesting sealing, or a pardon application, we are here to assist.Contact us today at (808) 570-6003 to schedule a free consultation and start the process of expunging criminal records in Hawaiʻi.