Hawaii Expungement: Arrest Records and Court Records

Hawaii uses “expungement” for more than one kind of record relief. The most common application is for a qualifying arrest that did not result in conviction. A narrower set of statutes also lets a court order expungement of certain convictions after a qualifying sentence and successful completion of its conditions. The process and decision-maker depend on which kind of record you have.

Non-conviction arrest records

Hawaii Revised Statutes § 831-3.2 authorizes the Attorney General, through the Hawaii Criminal Justice Data Center (HCJDC), to issue expungement orders for qualifying arrests or charges that did not result in conviction. The statute contains exclusions and waiting conditions—for example, certain bail-forfeiture cases, absconding, and cases involving findings under the mental-disease-or-disorder chapter. A dismissal or acquittal does not by itself establish that every record held by every agency has disappeared.

Since July 1, 2025, HCJDC says qualifying applications are handled through a one-step process: the expungement order is transmitted to the Judiciary for consideration of related court records. A person with an older certificate or application from before that date may still need to contact the Judiciary separately. The application and official instructions identify the required records and exceptions; use those rather than assuming all no-conviction outcomes follow the same path.

Some convictions have a separate court process

Hawaii does not offer a general petition to erase any conviction simply because time has passed. The HCJDC lists limited conviction categories that may qualify under specific sentencing statutes, including certain first-time drug or property offender dispositions and certain DUI convictions involving a person under 21. In these paths, the court must first issue an expungement order under the applicable statute. The applicant then submits that order with the HCJDC application.

These are statute-specific routes with detailed offense, prior-history, sentencing, treatment, or probation requirements. A person should not assume that the phrase “first-time offender” alone is enough. Read the statute and court order, or consult a Hawaii attorney who can assess the record.

HCJDC also lists a legacy route under § 706-622.8 for a person sentenced before July 1, 2004, for a first-time drug offense under § 706-622.5. That provision carries its own requirements, including completing treatment and complying with the court’s conditions. It is a distinct historical category, not a general route for older drug convictions.

What the order changes—and what it may not change

An expungement under § 831-3.2 concerns arrest information in the arresting agency’s records and the statewide adult criminal-history repository. The HCJDC cautions that expungement does not necessarily make every historical court record vanish. For eligible orders issued on or after July 1, 2025, the order is sent to the Judiciary for its consideration under the new process. Private background-check companies may also keep their own copies and are not necessarily updated at the same time.

For qualifying conviction relief, keep the signed court order and HCJDC certificate. If a later screening report is inaccurate or out of date, request a copy of the report and dispute the specific item with the screening company. Expungement of a state record is not a promise that every private database, federal record, or out-of-state record changes automatically.

How to find the right instructions

1. Identify whether the matter ended without a conviction or resulted in a conviction, and get the final court disposition.
2. For a non-conviction arrest, use the HCJDC expungement page and the current application. The application specifies required identification and accepted payment methods.
3. For a conviction, first locate the court order under the specific sentencing statute. HCJDC says the order must accompany the application. It lists a 120-day processing period and says expedited service is unavailable.
4. For related court-record questions, use the Judiciary’s post-expungement instructions. If you applied before July 1, 2025, check whether the prior two-step procedure still applies to your case.

Confirm current processing details on the official HCJDC page before mailing anything. The agency’s processing estimate does not guarantee an outcome.

Where to get help

The Hawaii Judiciary’s public instructions and the state law library explain the records process. The Office of the Public Defender says expungement is a civil matter and that it does not assist with expungement applications. If you need advice about whether a particular conviction fits one of the narrow statutes, ask a Hawaii attorney or seek a referral through the Hawaii State Bar Association. Court and agency staff can explain their procedures but cannot advise whether you qualify.

We are not lawyers and do not provide legal advice. This is general information. It does not determine whether a specific arrest or conviction qualifies.