Hawaii Expungement of Criminal Records

 

Having a crime on your permanent record, even a minor violation, can pose significant problems with many things that you probably take for granted, such as getting a job or apartment, or even obtaining some licenses. The real culprit is the background check. If you haven’t been arrested for a crime, chances are you don’t give a second thought to companies asking for background checks or that place on many applications where they ask if you have ever been convicted of anything. But for people who have had criminal charges leveled against them, the background check can be a real source of trepidation, and can prevent you from living your life the way you want to.

 

Fortunately, Hawaii, like many states in the U.S., allows for a legal process called expungement for certain types of crimes in the state. This means that if you qualify for expungement, any criminal records related to the charge being expunged will be sealed away so that the general public is unable to access them.

What kinds of records can be expunged in Hawaii?

 

There are many different kinds of documentation created in conjunction with a criminal charge. Hawaii law allows for expungement of fingerprints according to state statutes 571-88 and 571-72 as well as photographs, arrest records, and DNA records, just to name a few.

 

Unfortunately not every type of criminal or crime is eligible to be expunged under Hawaii law.

 

Who can seek out expungement in Hawaii?

 

Juveniles who are arrested in Hawaii can apply for expungement as long at their case falls under one of the following two scenarios:

 

• The juvenile’s case was not referred to a prosecutor or to family court, and he or she did not receive counseling or release from the police – or they did receive counseling and release from the police and is now an adult.
• The juvenile’s case was referred to a prosecutor or to family court, but it was not adjudicated or the matter was dismissed with prejudice following the guidelines set down in Hawaii Statutes 571-88.

 

There are also several instances where non-juvenile offenders in Hawaii are eligible to seek out expungement for their crimes, including:

 

• If a person was not over 20 years of age when the offense was committed and subsequently the charges were dismissed and all proceedings related to the crime have been discharged.
• First-time non-violent drug offenders who have successfully finished their probation period and treatment. (This excludes certain types of cases, though, including first and second degree methamphetamine trafficking and cases where the individual has already had a similar offense expunged from their record.)
• Persons charged and arrested for a particular crime who were subsequently not convicted.

 

Gray areas that are not counted as eligible for expungement include cases where:

 

• a conviction occurs for a misdemeanor or felony, but is not ultimately carried out due to forfeiture of bail.
• Related to a petty misdemeanor or receiving a citation for a violation, bail forfeiture after 5 years prevented a conviction from occurring.
• An individual was arrested, but prevented themselves from being convicted by remaining absent.
• An individual was acquitted based on mental or physical defects as outlined under chapter 704
• Charges were dismissed after a year because the individual pleaded guilty or nolo contendere along with chapter 853.

 

How does the expungement process work in Hawaii?

 

In Hawaii, mandatory expungement will be granted to anyone not convicted under Hawaii Statutes 831-3.2 as long as they submit a written petition to the attorney general’s office. A written statement must also be received in order to expunge DNA samples and profiles from the state database and data bank identification program. A copy of this request needs to be sent to the circuit trial court, the department, and the prosecuting attorney in the county where the individual was adjudicated or convicted.