How does expungement work in Hawaii?
If you face charges for driving under the influence, you likely have questions about how a conviction will affect your future. Some DUI offenders can qualify for expungement of charges in Hawaii.
Learn more about how to qualify for expungement in Hawaii and steps to take to clear your record after a DUI arrest.
The benefits of expungement
After the court expunges your record, all expunged arrests remain confidential. The court will not provide information about those charges to anyone who requests a background check. However, Hawaii courts and state agencies can still access the arrest data.
Once the state grants expungement, you can also request that the court seal your arrest records. This removes arrest data from publicly available court databases within a reasonable time frame. Keep in mind that Hawaii automatically seals juvenile arrest records.
Qualifying charges
However, not all records can be sealed. Hawaii only allows individuals to seek expungement for specific cases. These include:
- Most felony and misdemeanor arrests that did not result with a conviction
- First-time drug convictions
- DUI convictions under the age of 21.
The application process
The state recommends that individuals seeking expungement have the assistance of an attorney. For some offenses, waiting periods or other special circumstances apply.
You can submit your application online or in person at the Hawaii Criminal Justice Data Center. Include a copy of the court documents from your original arrest. The fee for expungement is $35 for the first request and $50 for subsequent requests.
Once Hawaii approves your request, you will receive an expungement certificate by mail. The process can take up to four months. If your conviction does not qualify, you will receive notification along with a refund for your fee minus a $10 administrative charge.
You can request duplicate copies of your expungement record from the Hawaii Criminal Justice Data Center. The state will also request that the Federal Bureau of Investigations remove information about expunged charges from its database.
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