Sealing and Expunging Criminal Records in Hawaii

Sealing and Expunging Criminal Records in Hawaii

Sealing and expunging criminal records in Hawaii can make a big difference in someone’s personal and professional life. These processes help keep certain parts of your past private, especially if you were arrested but not convicted, or your case was dismissed. Hawaii has clear rules about who qualifies, depending on how the case ended and how much time has passed. The goal is to give people a fair chance to move forward without being judged by old records. Knowing the difference between sealing and expunging is key to understanding what may apply to your situation.

If you’ve ever had a case in Hawaii that didn’t lead to a conviction, you might be able to seal or expunge that record. This can help keep it from showing up in background checks and affecting things like job searches or housing applications. Cases that were dismissed or cleared often qualify, especially for first-time or juvenile matters. The process takes time and depends on meeting certain requirements. It’s a step many take to put the past behind them and protect their future.

Difference Between Sealing and Expungement Records?

In Hawaii, both sealing and expungement are legal processes used to limit public access to certain criminal records. Although these terms are often used interchangeably, they carry different legal meanings, procedures, and outcomes. For individuals reviewing their own court history, understanding the difference is crucial. You can find specific information about how each process works, what eligibility requirements apply, and how these actions affect what appears in public databases.

What Is Expungement Under Hawaii Law?

Expungement in Hawaii refers to the removal of an arrest record from the official criminal history database maintained by the Hawaii Criminal Justice Data Center (HCJDC). Once approved, this process removes the record from public view and from most state-level systems.

This is generally available to individuals in cases that did not lead to a conviction, such as:

  • Arrests where no charges were filed
  • Cases that were dismissed or resulted in an acquittal
  • Certain first-time offenses that qualify under specific Hawaii statutes (such as non-violent drug-related charges or low-level misdemeanors, under designated programs)
  • Individuals whose cases were dismissed following a deferred acceptance of a guilty or no-contest plea

To expunge a record, a person must file a formal application with the HCJDC, include necessary documentation such as a certified court order, and pay a processing fee. If approved, they receive a certificate confirming the record has been expunged from the system.

However, expungement does not apply to all types of records. For example, it cannot be used for federal criminal cases, most felony convictions, or for offenses that are still pending in court. Additionally, expungement does not affect records held in other states or by federal agencies.

What Is Sealing and How Does It Differ from Expungement?

Sealing is a separate legal process that typically occurs after an expungement has been granted. While expungement deletes an arrest record from the state’s central criminal database, sealing refers to the restriction of access to court records, particularly in public-facing systems like Hawaii’s eCourt Kokua.

Sealing does not delete a record. Instead, it limits who can view the record and under what circumstances. For example, once a court grants a request to seal documents, those court files are no longer accessible to the general public. However, government agencies, courts, and certain professional licensing entities may still access them when authorized by law.

Sealing is often pursued by individuals who want to further reduce the public availability of information that has already been expunged from law enforcement databases. It provides an additional layer of privacy, especially in digital court record systems.

Which Records Are Eligible for Sealing or Expungement?

In Hawaii, the types of records that may be sealed or expunged depend on the outcome of the case and the type of charge involved. Typically, the following types of records may be eligible:

  • Arrests that did not result in charges
  • Cases that were dismissed by the court
  • Charges that resulted in an acquittal at trial
  • Eligible non-violent first-time offenses dismissed through special court programs
  • Certain prostitution-related offenses that qualify under Hawaii law
  • Juvenile cases, which are often sealed automatically under specific statutes

On the other hand, records that involve convictions—especially felony convictions—are generally not eligible for expungement or sealing in Hawaii. Similarly, offenses handled in federal court fall outside the scope of state expungement laws and must be addressed through federal channels if possible.

Step-by-Step Process to Expunging Records in Hawaii

Expunging a criminal record in Hawaii can offer peace of mind and help individuals move forward by legally removing eligible arrests or dismissed cases from the state’s public record systems. This guide outlines the step-by-step process for requesting expungement through the proper legal channels in accordance with Hawaii law. Please note that this information is intended for personal education and cannot be used to determine eligibility for employment, housing, credit, or other purposes covered by the Fair Credit Reporting Act (FCRA).

1. Confirm Eligibility for Expungement

Before beginning the process, confirm that your situation qualifies. Expungement in Hawaii is generally available for:

  • Arrests that did not result in a conviction (e.g., dismissal, acquittal, no charges filed)
  • First-time offenses under specific laws (e.g., nonviolent drug or property crimes)
  • Deferred adjudications that ended in dismissal under court supervision
  • Certain juvenile offenses, under limited statutory conditions

If unsure about your eligibility, you may consider reviewing Hawaii Revised Statutes § 831-3.2 or consulting with a legal resource for personal guidance.

2. Complete the Required Expungement Form

To initiate the expungement process, download and complete the official form:

  • Form HCJDC-159: Available through the Hawaii Criminal Justice Data Center (HCJDC).

This form requests essential information such as:

  • Personal identification (full legal name, date of birth)
  • Arrest details (arrest date, arresting agency, charge details)
  • Case disposition (proof of dismissal or other qualifying outcome)

3. Gather Supporting Documents

In addition to the completed HCJDC-159 form, applicants must include:

  • A certified court order or dismissal document (if applicable)
  • A valid government-issued photo ID
  • Any other legal documents that support the expungement request (e.g., proof of deferred acceptance of guilty plea dismissal)

Ensure all documents are legible and official copies. Photocopies may not be accepted unless certified.

4. Submit the Application

Submit your completed application packet by mail or in person. The HCJDC does not accept online submissions.

Submit To:

Hawaii Criminal Justice Data Center (HCJDC)
Attn: Expungements
465 South King Street, Room 102
Honolulu, HI 96813

  • You may also use the drop box available at the same location for in-person delivery (weekdays only).

5. Pay the Required Fee

Fees must be paid using a cashier’s check or money order made payable to the “State of Hawaii.” Personal checks are not accepted.

Fees:

  • $35.00 for a first-time expungement
  • $50.00 for a repeat expungement (includes a non-refundable $10 administrative fee)

Always include the payment in the same envelope as your application to avoid delays.

6. Wait for Processing

Once the application and payment are received, HCJDC will begin processing your request. The standard processing time is approximately 4 months (120 days), although this may vary based on caseload volume.

If the request is approved:

  • You will receive a Certificate of Expungement confirming that eligible records have been removed from the state’s criminal history repository.
  • Law enforcement agencies and the court system will be notified to update their records accordingly.

If denied:

  • A formal written response will explain the reason for the denial and any further steps you may take.

Why Sealing or Expunging Matters

Sealing or expunging a criminal record in Hawaii can significantly impact an individual’s personal and public life. While both processes serve to limit the visibility of legal records, their benefits extend beyond court databases. Understanding the value of these legal remedies helps individuals make informed decisions about their privacy, reputation, and future opportunities. The following outlines key advantages — crafted for informational purposes and in full compliance with PeopleConnect®’s personal use, FCRA, and truthful advertising guidelines.

Privacy and Reputation Protection

A criminal record, even without a conviction, can remain part of public court files unless it is legally sealed or expunged. By pursuing either process:

  • Individuals can reduce their exposure to public scrutiny through online court systems, such as Hawaii’s eCourt Kokua.
  • Expungement removes eligible arrest records from the state’s official repository, improving privacy in everyday situations, like social interactions or personal networking.
  • Sealing ensures that certain court records are no longer visible in publicly accessible systems, helping maintain a more accurate and private digital footprint.

This is especially important in an era where public records may be accessible through various public information platforms.

Employment and Licensing Advantages

Although criminal background information may be public, Hawaii has adopted “ban-the-box” laws that limit how and when employers may ask about such histories. Sealing or expunging records may:

  • Help individuals approach opportunities with increased confidence.
  • Reduce the visibility of past incidents during informal public records checks conducted by acquaintances or through self-search.
  • Prevent non-conviction or outdated case details from appearing in non-official, online public data platforms.

However, it’s important to understand that:

  • PeopleConnect® does not permit use of its services for employment screening, nor are its products governed by the Fair Credit Reporting Act (FCRA).
  • No decisions related to hiring, promotion, licensing, or eligibility may be based on information obtained through public record lookups on platforms offering personal-use services.

Housing and Educational Opportunities

Some individuals may worry that criminal court records could affect their ability to pursue housing or education. While PeopleConnect’s public record tools cannot be used for:

  • Tenant screening,
  • Financial aid decisions,
  • School admissions,

… it remains true that improving the visibility of your court history through legal expungement or sealing can offer peace of mind. Sealed or expunged cases may no longer appear in general public record databases and can help avoid misunderstandings when records are searched for personal reasons — such as self-checks or informal lookups by landlords or family members.

Digital Visibility and Background Checks

As more court information becomes searchable online, individuals are increasingly concerned about how they appear in casual or self-initiated online searches. Sealing or expunging records may reduce the appearance of:

  • Past arrests that did not lead to a conviction,
  • Deferred adjudications after completion of court conditions,
  • Juvenile cases eligible for removal.

This can support a more accurate digital presence and help minimize unintentional misjudgments based on public record history.

That said:

  • PeopleConnect® does not “remove” or “delete” records from public view. Its services simply reflect what is publicly available through official sources.
  • Use of such platforms should always remain within personal boundaries. They must not be used to conduct formal background checks, screen applicants, or determine someone’s eligibility for any type of business transaction, housing, or employment

Who Qualifies for Expungement in Hawaii

Expungement in Hawaii offers eligible individuals the opportunity to remove certain arrest records from the state’s official criminal history database. This process is guided by specific laws and eligibility rules. Understanding who qualifies is essential for those seeking to limit the visibility of past encounters with the justice system. This information is provided for educational and personal-use purposes only, and should not be interpreted or used for commercial screening, hiring, or other purposes restricted under the Fair Credit Reporting Act (FCRA).

Individuals with Non-Conviction Records

Expungement is often available for individuals whose arrests did not result in a conviction. This includes:

  • Charges that were dismissed with or without prejudice
  • Acquittals (not guilty verdicts)
  • Arrests where no formal charges were ever filed

Eligible individuals may apply to have these records expunged from the Hawaii Criminal Justice Data Center (HCJDC) without a waiting period. However, the final decision rests with the state authorities upon reviewing the submitted documentation and eligibility.

First-Time Offenders with Deferred Acceptance (DAG/DANC)

Hawaii law provides expungement eligibility for individuals who received a Deferred Acceptance of a Guilty or No Contest Plea (DAG or DANC). These programs allow qualified first-time offenders to avoid a formal conviction if they successfully meet the terms of the court’s deferral order.

Expungement may be considered after the case is officially dismissed following completion of the deferral terms. Common offenses in this category include:

  • Certain non-violent drug possession charges
  • First-time property-related offenses
  • Low-level non-repeat misdemeanors

Applicants are typically required to wait one year from the date of dismissal before submitting an expungement request.

Juvenile Offenders

Juvenile records are treated differently under Hawaii law. In many cases, court records related to minors are automatically sealed by the Family Court when the individual turns 21. However, a juvenile may petition the court to seal eligible records before that age.

Key considerations:

  • Not all juvenile offenses are eligible
  • Some serious offenses may remain on record
  • Sealing does not equate to total erasure; some records remain accessible to law enforcement

The process is confidential, and all actions must align with Hawaii Revised Statutes § 571-84.6 and § 571-72.

Eligible First-Time Offenses

Hawaii law allows for the expungement of specific first-time conviction types under certain conditions, especially when no other convictions are present on an individual’s record. Examples include:

  • Drug-related offenses: Certain low-level drug possession charges under § 706‑622.5 may qualify if it was a first offense and terms of probation or treatment are fulfilled.
  • DUI for individuals under 21: A first-time DUI committed by a minor may be eligible after the required waiting period, per § 291E‑64(e).
  • Prostitution-related offenses: First-time convictions may be expunged after four years from dismissal, provided there are no subsequent charges.

Each of these offenses must meet specific statutory conditions. Supporting court documents and an official application to the HCJDC are generally required.

Waiting Periods and Conditions

Expungement eligibility in Hawaii often includes mandatory waiting periods based on offense type and outcome:

  • No waiting period: Non-conviction cases (e.g., dismissed, acquitted)
  • 1-year wait: Deferred plea cases (after dismissal of DAG/DANC plea)
  • 4-year wait: Certain prostitution-related offenses
  • Case-by-case: Conviction-based expungement depends on statute-specific requirements

During the waiting period, any new arrests or charges may affect eligibility. All court obligations, including fines or treatment programs, must be completed before applying.

How to Check Your Criminal Record in Hawaii

Understanding your own criminal history is an important step in managing your legal records. In Hawaii, individuals can check their criminal records through official state-authorized resources. These tools are available for personal use only and help users stay informed about their own public record information. The process can be done using name-based or fingerprint-based background checks, along with secure access via the Hawaii eCrim online portal.

Name-Based Background Checks

A name-based background check searches the state’s criminal history record repository using your full name, date of birth, and other identifying details. This is the most common and accessible method for individuals who wish to view their public criminal records.

To request a name-based check:

  • Contact the Hawaii Criminal Justice Data Center (HCJDC)
  • Complete the appropriate request form with valid ID
  • Submit the form by mail or in person
  • Fees apply per search (details below)

This method is generally used to confirm whether a record exists under your name and is often requested by individuals who are checking their own records for personal review.

Fingerprint-Based Background Checks

For more accurate identification, you may request a fingerprint-based check. This type of search helps eliminate errors due to common or similar names and ensures the results match your actual criminal history profile.

To request this:

  • Visit a fingerprinting facility approved by the HCJDC
  • Submit your fingerprint card with the request form
  • Include payment as required
  • Results are processed and returned securely

Fingerprint-based background checks may be preferred by individuals who want verified confirmation of their personal record status or need to resolve potential inaccuracies in previous reports.

Using the eCrim Online Portal

Hawaii’s eCrim (Electronic Criminal Record Information) portal offers a fast and convenient way for users to personally search their public criminal records online.

To use eCrim:

  1. Visit the official Hawaii eCrim website.
  2. Create a user account and log in securely.
  3. Choose “Search” and enter your name and other required details.
  4. Review the results and, if needed, request an official report.

You can also print a copy of the report or save it electronically for personal use. Reports contain public arrest and conviction information maintained by the state.

Juvenile Record Sealing and Expungement in Hawaii

In Hawaii, juveniles—individuals under the age of 18—who are involved in the justice system may have their records sealed or, in some circumstances, expunged. These legal processes are designed to help young individuals move forward in life without permanent obstacles due to early legal missteps. However, the laws include specific rules and eligibility conditions, and not all records qualify.

Juvenile record handling in Hawaii is governed primarily by HRS § 571-88 and HRS § 571-11, which define how and when records can be sealed or expunged. These processes are not automatic in all cases, so understanding the rules is critical for those looking to take this step.

Age-Related Automatic Sealing of Juvenile Records

In many instances, juvenile records may be automatically sealed when the individual reaches the age of 21. This typically applies when:

  • The case did not involve a felony-level offense.
  • The youth has not been adjudicated for another offense or committed to an institution after the original case.
  • There have been no subsequent adult convictions involving serious crimes.

Once sealed, the record is no longer accessible to the general public or visible through standard court searches, including Hawaii’s eCourt Kokua system. However, sealed records may still be accessible to law enforcement, certain licensing boards, or courts under specific legal conditions.

How to Apply for Sealing or Expungement of Juvenile Records

For individuals who are not eligible for automatic sealing or who wish to ensure the record is addressed sooner, Hawaii law allows eligible parties to petition the Family Court to seal or expunge a juvenile record.

Steps typically include:

  • Reviewing your eligibility under Hawaii law. Not all offenses can be sealed or expunged. Serious or violent offenses may remain permanently accessible.
  • Filing a written request with the Family Court in the county where the case was handled.
  • Including documentation such as the individual’s name, birthdate, case number, and a brief explanation of why sealing is being requested.
  • Attending a court hearing if the judge requires further clarification before issuing a ruling.

While the court may grant the request, it evaluates each petition on a case-by-case basis. Demonstrating rehabilitation and no subsequent criminal involvement improves the chances of approval.

Why Clearing a Juvenile Record Matters

Having a juvenile record sealed or expunged can provide critical advantages in adulthood. While Hawaii prohibits certain uses of juvenile records by employers and landlords, records may still show up in some contexts. Sealing or expunging the record can help:

  • Prevent the appearance of the case in public court databases.
  • Avoid complications when applying for education programs or financial aid.
  • Reduce the potential stigma of a youthful offense.
  • Encourage reintegration without long-term barriers tied to juvenile involvement.

Expungement and Employment Rights in Hawaii

In Hawaii, expunging or sealing a criminal record may provide individuals with greater peace of mind when seeking personal opportunities. However, while the record may no longer appear in certain public databases, it’s important to understand that expungement does not completely erase all traces of a criminal history in every context. Some entities, especially government or law enforcement agencies, may still access sealed or expunged information when legally permitted.

Additionally, while clearing records may reduce unwanted attention during casual public searches, individuals should remain aware that state and federal laws still regulate how criminal history may be considered in official employment, licensing, or regulatory scenarios.

Hawaii’s “Ban-the-Box” Law: Protecting Job Applicants

Hawaii was among the first states to adopt a “Ban-the-Box” law under HRS § 378-2.5, a policy aimed at giving job seekers a fair chance regardless of prior arrests or convictions.

Key points about the law:

  • Employers in Hawaii cannot ask about an applicant’s criminal history on a job application form.
  • Inquiries about past convictions are only allowed after a conditional offer of employment is made.
  • If an employer does learn about a prior conviction, they are legally required to consider:
    • The nature and seriousness of the offense,
    • The relation of the offense to the duties of the job, and
    • The time elapsed since the conviction or sentence.

How Sealed or Expunged Records May Appear in Background Checks

When a record is expunged in Hawaii, it is removed from the centralized state criminal history database maintained by the Hawaii Criminal Justice Data Center (HCJDC). Sealing, on the other hand, removes case visibility from public online portals such as eCourt Kokua but does not erase the court’s internal record.

However, it’s essential to note:

  • Expunged or sealed records may still be visible to certain authorized parties, including:
    • Law enforcement agencies,
    • Courts,
    • State or federal licensing authorities,
    • Certain government agencies conducting official investigations.
  • In personal use scenarios (such as checking one’s own record), sealed or expunged records may no longer appear in public-facing systems.

Disclosure Requirements for Professional Licensing

While sealing or expungement reduces public visibility, some licensing boards and credentialing authorities in Hawaii may require applicants to disclose any prior criminal convictions, regardless of expungement status.

Examples may include:

  • Teaching certifications
  • Real estate licenses
  • Medical or nursing licenses
  • State bar or legal certifications
  • Private security or firearms permits

Each agency follows its own standards, and failure to disclose when required may result in denial of licensure or disciplinary action.

It is always recommended to review the guidelines of the licensing body directly and, if needed, consult legal guidance before applying.

Important Legal Considerations and Limitations

  • Expungement does not guarantee that a person will not be asked about their history.
  • Hawaii law prohibits employers from using non-conviction records in employment decisions. This includes arrests that did not lead to a conviction or charges that were dismissed.
  • Individuals may still voluntarily choose to disclose sealed or expunged records in personal or legal matters.

FAQ’s

If you’re looking to understand how to seal or expunge criminal records in Hawaii or have questions about the eligibility process, you’re in the right place! Here’s everything you need to know about clearing criminal records, understanding eligibility, and the legal steps involved in Hawaii.

What does it mean to expunge a criminal record in Hawaii?

Expunging a criminal record in Hawaii means removing an eligible arrest from the official state criminal history system so it is no longer accessible to the public. This process applies mainly to arrests that did not lead to convictions, such as dismissals or acquittals. Once expunged, the record won’t appear in most background checks, offering better chances for housing, employment, and other personal opportunities. However, certain government agencies may still access it under limited legal conditions.

Can all criminal records be sealed or expunged in Hawaii?

No, not all criminal records in Hawaii qualify for sealing or expungement. Eligibility depends on specific case factors. Most often, you may be eligible if:

  • The case ended in a dismissal, acquittal, or no charge was filed
  • The offense was non-violent and qualifies under Hawaii law
  • A required time period has passed without additional offenses

Felonies, repeat offenses, and certain convictions may not be eligible. It’s important to check Hawaii’s current legal criteria before pursuing this process.

How long does it take to expunge a record in Hawaii?

In Hawaii, the expungement process can take anywhere from several weeks to a few months after submitting all required documents. The Department of the Attorney General needs time to review the application, confirm eligibility, and process the removal. If records are missing or incorrect, delays may occur. Keeping documentation organized and responding quickly to requests can help avoid unnecessary setbacks during the review process.

What is the difference between sealing and expunging in Hawaii?

The key difference between sealing and expunging in Hawaii lies in how access to the record is restricted. Expungement permanently deletes qualifying arrest records from public databases, while sealing only restricts access without fully erasing them. Sealed records can still be viewed by government agencies, courts, or law enforcement when legally required. For personal privacy and minimizing long-term impact, expungement offers a stronger level of record protection.

Will expunging a record in Hawaii erase it from all systems?

Expunging a record in Hawaii removes it from the official state criminal database and public access, but it may not eliminate it from every system. Here’s what to consider:

  • Some third-party background check companies may retain old data
  • Federal systems and private websites might still show archived information
  • Government entities may keep restricted access for official use

For most personal situations, expungement significantly improves privacy and reduces the risk of the record appearing in standard checks. However, full removal from all systems isn’t guaranteed.