Expungement / Record Sealing Petition and Eligibility Memo — Hawaii

HAWAIʻI EXPUNGEMENT ELIGIBILITY MEMO AND LIMITED COURT APPLICATION

QUICK REFERENCE

PART A — ELIGIBILITY MEMO

To: [CLIENT / FILE]

From: [ATTORNEY / REVIEWER]

Date: [__/__/____]

Re: Hawaiʻi expungement eligibility

1. Record and disposition

2. Route determination

☐ Nonconviction arrest. The person was arrested for, or charged with, a crime but was not convicted, or was found eligible for chapter 661B redress. Proceed to Section 3.

☐ Narrow conviction route. The conviction may qualify under § 291E-64(e), § 706-622.5(4) or (5), § 706-622.8, or § 706-622.9(3). Proceed to Section 4.

☐ Citation or summons without arrest or booking. HCJDC states that it has no arrest record to expunge.

☐ Juvenile matter. HCJDC does not expunge juvenile charges; contact Family Court.

☐ Other conviction or pardon. HCJDC states that guilty dispositions do not qualify except under the narrow statutes above and that a pardon does not make a charge expungeable.

3. Nonconviction screen — HRS § 831-3.2

A. Final disposition

☐ Every charge has a final disposition.

☐ No charge in the arrest cycle resulted in a conviction, unless the requested record and remaining charge structure have been reviewed for a different statutory route.

B. Bars and waiting periods

Mark each statement true or false:

If any statement is true, the application is barred or premature unless counsel determines otherwise under current law.

C. Administrative application package

☐ Current HCJDC 159(b) completed and signed

☐ Valid government-issued photo identification copied

☐ Self-addressed stamped envelope included

☐ Cashier's check or money order issued in the United States, payable to State of Hawaii

☐ First-time fee of $35 or later-application fee of $50 confirmed on the current form

☐ Certified dismissal or disposition attached if useful; HCJDC says it is not required for a nonconviction application but may assist review

Mail to:

Hawaii Criminal Justice Data Center, Attn: Expungement

465 South King Street, Room 102, Honolulu, HI 96813

4. Narrow conviction screen

A. Section 291E-64(e)

☐ First violation under § 291E-64(b)(1), or the specified predecessor statute

☐ No prior alcohol-enforcement contact

☐ Applicant is at least 21

☐ Sentence completed

☐ No later alcohol- or drug-related enforcement contact

☐ No commercial-driver or commercial-vehicle exclusion applies

B. Section 706-622.5(4)

☐ Applicant was sentenced under § 706-622.5

☐ Treatment and every probation condition were successfully completed

☐ Applicant has not previously been sentenced under that section; the subsection (4) expungement is one-time only

C. Section 706-622.5(5)

☐ Conviction was for marijuana possession under § 712-1249

☐ Amount was three grams or less

☐ Same facts and circumstances produced no other criminal charge

D. Section 706-622.8

☐ Applicant was sentenced before July 1, 2004 for a first-time drug offense under § 706-622.5

☐ Applicant otherwise meets § 706-622.5 and completed treatment and all court conditions

☐ No prior conviction expungement was granted under § 706-622.8 or § 706-622.5(4)

E. Section 706-622.9(3)

☐ Applicant was sentenced under § 706-622.9

☐ Treatment and every probation condition were successfully completed

☐ Applicant has never been convicted of a felony in Hawaiʻi or another jurisdiction

5. Current court-record treatment

For Attorney General orders issued on or after July 1, 2025 that list the court case number and arrest number, § 831-3.2(f) requires transmission to the Judiciary. The court must make good-faith diligent efforts within a reasonable time to seal or otherwise remove the applicable files and information from publicly accessible electronic databases.

The automatic duty does not apply if:

1. The case has multiple charges and at least one is not covered by the order; or
2. The case has multiple defendants and at least one other defendant has not been the subject of a prior expungement order.

Orders issued before July 1, 2025 require the separate process described by the Judiciary.

6. Effect of a § 831-3.2 nonconviction order

The order annuls, cancels, and rescinds the specified arrest record. The certificate permits the person to state, including under oath, that the person has no record regarding that specific arrest. Separable state and county law-enforcement arrest records are forwarded for confidential filing.

The confidential record remains available to:

• A court or agency preparing a presentence investigation;
• A federal or state agency considering a position immediately and directly affecting national or state security; and
• A law-enforcement agency acting within its duties.

Fingerprints and photographs may be requested, but agencies may retain them if the person has a conviction record or is a fugitive from justice.

7. Recommendation

Recommended route: [HCJDC nonconviction application / court application under HRS § ______ / no current expungement route / further research]

Reason: [____________________________________________________________]

Next action: [____________________________________________________________]

PART B — LIMITED COURT APPLICATION FOR AN ELIGIBLE CONVICTION

Do not cite § 831-3.2 as authority for a generic court motion. Use only the conviction statute that applies. Verify the court's current filing and service rules.

IN THE [DISTRICT / CIRCUIT] COURT OF THE [____] CIRCUIT

STATE OF HAWAIʻI

STATE OF HAWAIʻI v. [APPLICANT / DEFENDANT]

Case Number: [________________________________]

APPLICATION FOR ORDER EXPUNGING ELIGIBLE CONVICTION

Applicant [NAME] requests an order under HRS § [291E-64(e) / 706-622.5(4) / 706-622.5(5) / 706-622.8 / 706-622.9(3)] and states:

1. The conviction was entered in this case for [OFFENSE / STATUTE] on [DATE].
2. The sentence and statutory disposition were [________________________________].
3. Applicant completed [sentence / treatment / probation] on [DATE].
4. Applicant satisfies each element of the selected statute because [________________________________].
5. The supporting records are attached as Exhibits [________________________________].

Applicant requests an order identifying the conviction, case number, governing statute, and findings establishing statutory eligibility.

Signature: [________________________________]

Printed name: [________________________________]

Attorney / Hawaiʻi bar number, if represented: [________________________________]

After entry of the order

☐ Obtain a filed copy of the order.

☐ Complete the conviction section of current HCJDC 159(b).

☐ Attach the order; HCJDC denies conviction applications that omit it.

☐ Submit identification, fee, self-addressed stamped envelope, and the completed application to HCJDC.

HCJDC states that a qualifying conviction is removed from the statewide adult criminal-history repository only and may remain available from the arresting agency and court.

CURRENT OFFICIAL SOURCES

• HCJDC Expungements and current form: https://ag.hawaii.gov/hcjdc/expungements/
• HCJDC FAQ: https://ag.hawaii.gov/hcjdc/expungement-frequently-asked-questions/
• HRS § 831-3.2: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0002.htm
• HRS § 712-1200: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1200.htm
• HRS § 291E-64: https://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0064.htm
• HRS § 706-622.5: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0005.htm
• HRS § 706-622.8: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0008.htm
• HRS § 706-622.9: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0009.htm
• Judiciary one-step-process guidance: https://www.courts.state.hi.us/requests-for-sealing-court-records

Recheck the live statutes, official HCJDC form, fees, and local court rules before use.