Hawaii Expungement Laws: Haw. Rev. Stat. § 831-3.2 and the HCJDC Process
Hawaii Expungement Laws: Haw. Rev. Stat. § 831-3.2 and the HCJDC Process
Hawaii expungement is governed by Haw. Rev. Stat. § 831-3.2 and administered by the Hawaii Criminal Justice Data Center (HCJDC), covering most arrests that did not result in conviction and certain deferred-plea dismissals, but generally not convictions.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Hawaii state expungement law only. For a nationwide comparison, see Expungement Laws by State.
Who Can Apply: Non-Conviction Arrests Under § 831-3.2
Haw. Rev. Stat. § 831-3.2 authorizes the Attorney General, acting through the HCJDC, to expunge arrest records from Hawaii's statewide central criminal history repository. The core eligibility category is an arrest that did not result in conviction: charges were dismissed, the prosecutor declined to file charges, or the defendant was acquitted at trial.
Several categories are excluded even when no conviction resulted. The HCJDC denies expungement for arrests where the defendant forfeited bail on a felony or misdemeanor charge, because Hawaii treats bail forfeiture as a conviction equivalent. Petty misdemeanor bail forfeitures are subject to a 5-year waiting period rather than a flat bar. Cases where prosecution became impossible because the defendant fled the jurisdiction are also excluded. Acquittals under chapter 704 (mental health not guilty by reason of insanity) and involuntary civil hospitalizations do not qualify. Cases that still lack a final disposition are ineligible until the matter is fully resolved.
Once an expungement order is issued, the arrest information is removed from the statewide repository and forwarded arrest records at law enforcement agencies are placed in a confidential file. Expunged records remain accessible to courts, prosecutors in later criminal proceedings, federal and state agencies reviewing national security matters, and law enforcement acting within their official duties.
Key statute: Haw. Rev. Stat. § 831-3.2.
The Deferred-Plea Pathway: § 853-1 and the One-Year Wait
Hawaii's deferred acceptance of guilty plea (DAG) and deferred acceptance of no-contest plea (DANC) statutes, codified at Haw. Rev. Stat. § 853-1, create a pathway that leads to both dismissal and expungement eligibility for defendants who are not yet convicted.
Under § 853-1, a court may defer criminal proceedings and place a defendant on supervised conditions for a period not exceeding the maximum sentence for the charged offense. For petty misdemeanor charges, the deferral period may not exceed one year. If the defendant complies with all court-imposed conditions, the court discharges the defendant and dismisses the charge without an adjudication of guilt. The dismissal is not a conviction and eliminates any civil admission of liability.
After that dismissal, the defendant may apply to the HCJDC for expungement under § 831-3.2, but must wait at least one year following discharge. A longer waiting period applies to certain offenses: defendants whose deferred charge involved prostitution under Haw. Rev. Stat. § 712-1200 must wait three years from dismissal before applying. Defendants who received a DAG or DANC on a § 712-1200 prostitution charge prior to 2025 changes should confirm the applicable waiting period with the HCJDC directly.
If the defendant violates the terms of deferral, the court may enter an adjudication of guilt and proceed to sentencing, which eliminates expungement eligibility under § 831-3.2 for that arrest.
Key statutes: Haw. Rev. Stat. § 853-1; Haw. Rev. Stat. § 831-3.2.
Conviction Expungement: Very Limited Pathways
Hawaii does not have a general expungement statute for criminal convictions. Most guilty verdicts and guilty or no-contest pleas that reach final judgment are permanent parts of a person's criminal history record and cannot be expunged through the HCJDC.
Three narrow conviction-based pathways exist and all require a court order, not just an HCJDC application.
First, first-time drug offenders sentenced under Haw. Rev. Stat. § 706-622.5 (current first-offense drug sentencing) or § 706-622.8 (pre-2004 first-offense drug sentencing) may be eligible for conviction expungement after fulfilling the court-imposed sentence. The sentencing court issues an Order Granting the Expungement of Conviction, which must then accompany an HCJDC application.
Second, first-time property offenders sentenced under Haw. Rev. Stat. § 706-622.9 may be eligible for conviction expungement. Section 706-622.9 applies to persons convicted for the first time of a class C felony property offense under chapter 708 who are determined nonviolent and whose offense relates to a substance abuse problem. A court order is required before HCJDC will process the application.
Third, a person under 21 who was convicted of operating a vehicle after consuming alcohol under Haw. Rev. Stat. § 291E-64(e) may apply for expungement of that conviction. Again, a court order is required before HCJDC will process the application.
In addition, Hawaii has enacted a limited state-initiated pilot program to automatically expunge certain arrest records for marijuana possession under HRS § 712-1249 (possession of less than one ounce). This pilot program does not require individual applications and is administered by the HCJDC at no cost to the record holder. As of May 2026, Hawaii has not enacted adult-use cannabis legalization, and the broader automatic cannabis conviction expungement provisions proposed in earlier legislation were never signed into law.
For all other convictions, including most felonies, misdemeanors, and petty misdemeanors with a final guilty finding, no expungement is available under Hawaii law as of May 29, 2026.
Key statutes: Haw. Rev. Stat. §§ 706-622.5, 706-622.8, 706-622.9; Haw. Rev. Stat. § 291E-64(e).
The HCJDC Application Process: Step by Step
All expungement applications in Hawaii run through the HCJDC, regardless of whether the basis is a non-conviction arrest or a court-ordered conviction expungement. The HCJDC office is located at the Kekuanaoa Building, 465 S. King Street, Room 102, Honolulu, HI 96813, and is open Monday through Friday, 8:00 a.m. to 4:00 p.m. (closed noon to 1:00 p.m. and on state holidays).
Step 1: Obtain Form HCJDC 159(b). The Expungement Application is available from the HCJDC directly or by request through their contact line at (808) 587-3348. Complete all fields accurately.
Step 2: Gather supporting documents. For a non-conviction arrest, you will need documentation showing the final disposition of the case (dismissal, no-charge, acquittal). For a conviction-based application under § 706-622.5 or a related statute, you must include the court's Order Granting the Expungement of Conviction.
Step 3: Prepare payment. The fee is $35 for a first-time expungement and $50 for each subsequent expungement. A non-refundable $10 processing fee applies and is retained even if the application is denied. Payment must be made by cashier's check or money order payable to "State of Hawaii." Personal checks and business checks are not accepted.
Step 4: Submit the application. Mail or deliver the completed form, supporting documents, and payment to the HCJDC office. The HCJDC will review the submission and notify you if additional information is needed.
Step 5: Wait for the expungement certificate. Processing takes up to 120 days. No expedited service is available. The certificate is mailed to the address provided on the application. Under Act 003 (2025), effective July 1, 2025, the HCJDC automatically transmits new expungement orders to the Hawaii Judiciary for removal of related court records from publicly accessible electronic databases, eliminating a separate sealing step that was previously required.
Note for pre-July 1, 2025 certificates: Persons who received an expungement certificate before July 1, 2025 must still file a separate written request with the court to have their court records sealed or removed from public access.
Source: Hawaii Criminal Justice Data Center, ag.hawaii.gov/hcjdc/expungements/.
What Expungement Does and Does Not Do in Hawaii
When the HCJDC issues an expungement certificate, the arrest information is removed from the statewide criminal history repository maintained by the Attorney General. The arresting agency is directed to forward the arrest records to the Attorney General for placement in a confidential file. Under § 831-3.2, a person whose record is expunged is treated as not having been arrested for all purposes not otherwise specified in the statute.
Practically, an expunged arrest will not appear on most background checks used by private employers, landlords, or licensing bodies that access state criminal history records. A person may legally state that they were not arrested in most civil contexts.
However, the confidential file remains accessible to courts reviewing the individual in any subsequent criminal case, to law enforcement officers acting within their official duties, and to federal and state agencies conducting national security reviews. Expunged records can also still be considered in certain firearm-related determinations and in proceedings before specialized licensing bodies where state law permits access. A Hawaii expungement does not seal or remove federal records, does not affect records held by other states, and does not automatically restore any civil right that was forfeited due to the arrest.
Disclaimer: This page describes Hawaii expungement law as verified on May 29, 2026. It is general legal information, not legal advice. Laws change and eligibility depends on individual facts. Consult a licensed Hawaii attorney before taking any legal action regarding your criminal record.
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Sources
The statutes and agency guidance cited in this article are drawn from the Hawaii State Legislature (capitol.hawaii.gov), the Hawaii Criminal Justice Data Center at the Department of the Attorney General (ag.hawaii.gov/hcjdc), and the Hawaii State Judiciary (courts.state.hi.us).
- Haw. Rev. Stat. § 831-3.2 (Expungement of Records): capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/
- Haw. Rev. Stat. § 853-1 (Deferred Acceptance of Guilty/No-Contest Plea): capitol.hawaii.gov/hrscurrent/vol14_ch0701-0853/HRS0853/
- Hawaii Criminal Justice Data Center, Expungements: ag.hawaii.gov/hcjdc/expungements/
- Hawaii Criminal Justice Data Center, Expungement FAQ: ag.hawaii.gov/hcjdc/expungement-frequently-asked-questions/
- Hawaii State Judiciary, Court Records Sealing: courts.state.hi.us/requests-for-sealing-court-records
- Act 003, 2025 Hawaii Session Laws (automatic transmission of expungement orders to Judiciary, effective July 1, 2025)
- HB 132, 2025 Hawaii Session Laws (pilot program for state-initiated expungement of certain marijuana possession arrest records under HRS § 712-1249)
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RecordingLaw.com provides general legal information, not legal advice. Verify all details with official sources or a licensed Hawaii attorney.