Expungement / Record Sealing Petition and Eligibility Memo — Hawaii

Expungement / Record Sealing Petition and Eligibility Memo (HAWAII)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [FIRM]
RE: Eligibility for Expungement Under Hawaii Law
DATE: [__/__/____]

1. Statutory Framework

Hawaii's expungement framework is among the most restrictive in the United States. The State does not authorize broad expungement of convictions. Available remedies are:

1. HRS § 831-3.2 — administrative expungement of non-conviction arrest records by the Attorney General / HCJDC.
2. HRS chapter 853 deferred-acceptance — when a deferred-acceptance guilty plea or nolo contendere plea is discharged and dismissed under § 853-1(b), the case is treated as a non-conviction; § 831-3.2 expungement is then available after the applicable waiting period (1 year for most; 4 years for § 712-1200 prostitution offenses).
3. Statutorily authorized conviction expungements — narrow categories:
   - HRS § 291E-64(e) — underage operating after consuming alcohol;
   - HRS § 706-622.5 — first-time drug offender;
   - HRS § 706-622.8 — first-time drug offender (pre-2004 sentencing);
   - HRS § 706-622.9 — first-time property offender.

2. Eligibility Analysis — Non-Conviction Records (§ 831-3.2)

A petitioner is entitled (mandatory, not discretionary) to expungement under § 831-3.2(a) if arrested for or charged with but not convicted of a crime, except:

• ☐ Bail forfeiture in a felony or misdemeanor case (no expungement).
• ☐ Petty misdemeanor or violation bail forfeiture (no expungement for 5 years after arrest/citation).
• ☐ Conviction not obtained because petitioner absconded from the jurisdiction.
• ☐ Involuntary hospitalization under § 706-607, or chapter 704 acquittal/dismissal due to mental disease, disorder, or defect.
• ☐ Deferred-acceptance plea (chapter 853) dismissed less than 1 year ago (or less than 4 years ago for § 712-1200 prostitution offenses).

Practice point — "Violation" caveat. Barker v. Young, CAAP-21-0000098, 510 P.3d 1126 (Haw. Ct. App. 2022), held that a conviction for a disorderly-conduct violation counts as a "crime" for § 831-3.2 purposes; a person convicted of a violation is not entitled to § 831-3.2 expungement.

3. Eligibility Analysis — Deferred-Acceptance Plea Cases (chapter 853)

The deferred-acceptance pathway is the most common route to expungement-eligible status in Hawaii. Requirements:

• ☐ Offense is not excluded by HRS § 853-4(a) (e.g., enumerated felonies, sex offenses, certain firearm offenses, repeat DUI, etc.).
• ☐ Court accepted a deferred-acceptance plea under HRS § 853-1.
• ☐ Petitioner has completed all conditions and the court has discharged and dismissed the charge.
• ☐ Waiting period satisfied: 1 year after dismissal (§ 831-3.2(a)(5)), or 4 years for § 712-1200 prostitution dispositions (§ 831-3.2(a)(6)).
• ☐ No other categorical exclusions apply.

4. Eligibility Analysis — Conviction Expungement (Narrow Statutory Categories)

Each statute supplies its own conditions; the court — not HCJDC — issues the expungement order. After the court order is entered, HCJDC expunges the conviction from the statewide criminal-history repository (records may still be retained by the arresting agency and courts).

A. HRS § 291E-64(e) — Underage Operating After Consuming Alcohol

• ☐ Petitioner was under 21 when offense occurred?
• ☐ Petitioner has had no further alcohol-enforcement convictions during the look-back period prescribed by statute?

B. HRS § 706-622.5 — First-Time Drug Offender

• ☐ Conviction is a qualifying first-time drug offense?
• ☐ Petitioner satisfactorily completed drug-treatment program and sentence?
• ☐ No subsequent drug-offense conviction?

C. HRS § 706-622.9 — First-Time Property Offender

• ☐ Conviction is a qualifying first-time property offense?
• ☐ Petitioner satisfactorily completed treatment program and restitution?

5. Procedure Highlights

• Non-conviction (HCJDC) applications — Submit completed application + supporting docs to HCJDC; processing time 120 days; no expedited service. Applicants notified by mail if denied (no phone/email status updates).
• Court-ordered conviction expungements — Motion filed in sentencing court; ex parte or noticed depending on local practice; certified order then provided to HCJDC.
• Sealing of court records (Act 003, 2025) — Effective July 1, 2025, HCJDC automatically transmits the expungement order to the Judiciary for sealing consideration under § 831-3.2(f). Orders issued before July 1, 2025 require the applicant to separately petition the Judiciary.

6. Effect of Expungement (§ 831-3.2(b)–(e))

• Records of the arrest are annulled, canceled, and rescinded in the statewide repository.
• HCJDC issues an expungement certificate; the petitioner is treated as not having been arrested.
• Petitioner may state that they have no record regarding the specific arrest, whether or not under oath.
• Fingerprints and photographs may be returned upon written request (unless petitioner has a conviction record or is a fugitive).
• Court records may still be retained; sealing may require a separate Judiciary process (now automated post-July 1, 2025).

7. Recommendation

Based on the foregoing, the undersigned recommends [HCJDC § 831-3.2 application / Motion for Court Expungement under § 706-622.5 / § 706-622.9 / § 291E-64(e) / pursuit of HRS chapter 853 deferred-acceptance disposition followed by § 831-3.2 application after waiting period].

Part B — Petition / Application Template

Part B.1 — Motion for Order of Expungement (Court-Issued)

IN THE [CIRCUIT / DISTRICT] COURT OF THE [____] CIRCUIT, STATE OF HAWAI‘I

Case No.: [____________________]

MOTION FOR ORDER OF EXPUNGEMENT PURSUANT TO HRS § [706-622.5 / 706-622.9 / 291E-64(e) / 831-3.2]

COMES NOW Defendant, [DEFENDANT NAME], by and through undersigned counsel, and respectfully moves this Court for an Order of Expungement pursuant to HRS § [______], and states:

I. DEFENDANT INFORMATION

1. Full legal name: [____________________].
2. Other names / aliases: [____________________].
3. Date of birth: [__/__/____].
4. State Identification Number (SID): [____________________].
5. Current address: [____________________].

II. CASE INFORMATION

6. Case number: [____________________].
7. Date of arrest: [__/__/____].
8. Arresting agency: [____________________].
9. Offense(s) charged and HRS section(s): [____________________].
10. Disposition: [conviction / discharge and dismissal under HRS § 853-1 / dismissal / acquittal] entered on [__/__/____].
11. Sentence imposed (if any): [____________________].
12. Date sentence and conditions were completed: [__/__/____].

III. STATUTORY BASIS AND ELIGIBILITY

[Choose subsection]:

13. HRS § 706-622.5 (first-time drug offender):
    a. Defendant was sentenced as a first-time drug offender under HRS § 706-622.5.
    b. Defendant satisfactorily completed the court-ordered drug-treatment program and all conditions of probation.
    c. Defendant has no subsequent drug-offense conviction.
    d. Defendant is eligible for expungement of the conviction pursuant to HRS § 706-622.5(5).

14. HRS § 706-622.9 (first-time property offender):
    a. Defendant was sentenced as a first-time property offender under HRS § 706-622.9.
    b. Defendant satisfactorily completed treatment program and restitution.
    c. Defendant is eligible for expungement of the conviction.

15. HRS § 291E-64(e) (underage operating after consuming alcohol):
    a. Defendant was under 21 years of age at the time of the offense.
    b. Defendant satisfied the requirements of HRS § 291E-64.
    c. Defendant is eligible for expungement of the conviction.

16. HRS chapter 853 deferred-acceptance plea (for subsequent § 831-3.2 application):
    a. The court accepted Defendant's deferred-acceptance plea pursuant to HRS § 853-1 on [__/__/____].
    b. Defendant fulfilled all terms and conditions imposed.
    c. The Court has discharged Defendant and dismissed the charges.
    d. Defendant respectfully requests confirmation of the dismissal for use in a subsequent HCJDC application under HRS § 831-3.2 after the applicable waiting period.

IV. SUPPORTING FACTS

17. Since the disposition, Defendant has [employment, education, family, treatment, community service, time without further offenses]: [____________________].

18. The continuing presence of the record causes Defendant [employment denial, licensing impediment, housing denial, immigration consequence, social stigma]: [____________________].

V. ATTACHED EXHIBITS

• Exhibit A — Certified copy of judgment or discharge order.
• Exhibit B — Proof of completion of all conditions (probation, treatment, restitution).
• Exhibit C — Defendant's HCJDC criminal-history printout.
• Exhibit D — Affidavit of Defendant.
• Exhibit E — Supporting letters.

WHEREFORE, Defendant respectfully requests that this Court:

A. Enter an Order of Expungement pursuant to HRS § [______];
B. Direct the Hawaii Criminal Justice Data Center, Department of the Attorney General, to expunge the conviction from the statewide central repository of adult criminal history record information;
C. Pursuant to Act 003 (2025) and HRS § 831-3.2(f), direct that the Order be transmitted to the Judiciary for consideration of sealing of court records (or, for orders before July 1, 2025, that Defendant be authorized to seek separate sealing); and
D. Grant such other relief as the Court deems just.

DATED: Honolulu, Hawai‘i, [__/__/____].

[___________________________________]
[ATTORNEY NAME], Bar No. [______]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Defendant

DECLARATION

I, [DEFENDANT NAME], declare under penalty of perjury under the laws of the State of Hawai‘i that the foregoing is true and correct.

Executed on [__/__/____] at [____________], Hawai‘i.

[___________________________________]
[DEFENDANT NAME]

CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served the foregoing on:

• Department of the Prosecuting Attorney, [____] County
• Hawaii Criminal Justice Data Center, Department of the Attorney General, P.O. Box 839, Honolulu, HI 96808
• Arresting agency: [____________________]

[___________________________________]
[ATTORNEY NAME]

Part B.2 — HCJDC Administrative Expungement Application (§ 831-3.2)

For non-conviction arrest records (no court motion required), submit:

1. Completed HCJDC "Expungement Application" form (signed; original signature; per-arrest application — one arrest per application).
2. Copy of government-issued photo ID.
3. Certified court disposition document (acquittal, dismissal, or chapter 853 discharge order).
4. $0 filing fee (no fee for HCJDC processing).
5. Self-addressed stamped envelope if return of fingerprints/photos requested.

Mail to: Department of the Attorney General, Hawaii Criminal Justice Data Center, P.O. Box 839, Honolulu, HI 96808.

Processing time: 120 days. Status inquiries by phone or email will not be answered due to record confidentiality.

Part C — Filing Checklist

Pre-Filing

• ☐ Identify relief category: § 831-3.2 administrative (non-conviction); § 706-622.5 / .8 / .9 / § 291E-64(e) court-ordered conviction expungement; or chapter 853 deferred-acceptance pathway.
• ☐ Obtain certified court disposition documents (acquittal, dismissal, chapter 853 discharge).
• ☐ Obtain HCJDC criminal-history printout.
• ☐ Confirm no categorical exclusion applies (bail forfeiture; absconding; involuntary hospitalization / chapter 704; § 712-1200 with less than 4 years; § 853 with less than 1 year).
• ☐ Confirm offense is not a "violation" being misclassified as non-conviction (Barker v. Young).
• ☐ For § 706-622.5 / § 706-622.9: confirm completion of all conditions and treatment.

Drafting — Court Motion (Conviction Expungements)

• ☐ Caption original criminal case.
• ☐ Cite specific HRS provision authorizing expungement.
• ☐ Address each statutory element.
• ☐ Attach certified disposition documents and proof of completion.
• ☐ Include declaration under penalty of perjury.
• ☐ Prepare proposed Order of Expungement.

Drafting — HCJDC Application (Non-Conviction)

• ☐ Complete HCJDC Expungement Application form (one per arrest).
• ☐ Attach photo ID and certified disposition.
• ☐ Sign in ink.

Filing and Service

• ☐ Court motion: file in sentencing court; serve Prosecuting Attorney and HCJDC.
• ☐ HCJDC application: mail to Department of Attorney General, P.O. Box 839, Honolulu, HI 96808.
• ☐ Confirm 120-day HCJDC processing window; do not request status updates by phone/email.

Hearing (Court Motions Only)

• ☐ If court schedules hearing, prepare petitioner testimony on rehabilitation and statutory compliance.
• ☐ Submit proposed Order at hearing or with motion.

Post-Order / Post-Certificate

• ☐ HCJDC: Receive Expungement Certificate; retain original for future inquiries.
• ☐ Court Order: After entry, confirm HCJDC has updated the statewide repository.
• ☐ For orders issued after July 1, 2025: confirm automatic Judiciary transmission for court-record sealing (Act 003 (2025)); for earlier orders, separately petition Judiciary.
• ☐ Advise client: petitioner may answer that "no record exists" regarding the specific arrest, including under oath (§ 831-3.2(d)); criminal-justice agencies retain access; private background-check databases not required to remove information.

Sources and References

• HRS § 831-3.2 — Expungement orders — https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_0002.htm
• HRS § 853-1 — Deferred acceptance of guilty plea — https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0853/HRS_0853-0001.htm
• HRS § 853-4 — Ineligible offenses for deferred acceptance — https://www.capitol.hawaii.gov/hrscurrent/vol14_ch0701-0853/HRS0853/HRS_0853-0004.htm
• HRS § 706-622.5 — Sentencing for first-time drug offender — https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0005.htm
• HRS § 706-622.9 — Sentencing for first-time property offender — https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0009.htm
• HRS § 291E-64 — Operating a vehicle after consuming alcohol; under 21 — https://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0064.htm
• Hawaii Department of the Attorney General — Expungements — https://ag.hawaii.gov/hcjdc/expungements/
• Act 003, 2025 Session Laws of Hawaii (auto-transmittal to Judiciary) — https://www.capitol.hawaii.gov/sessions/session2025/bills/GM003_.PDF
• Barker v. Young, CAAP-21-0000098 (Haw. Ct. App. May 11, 2022) — https://www.courts.state.hi.us/wp-content/uploads/2022/05/CAAP-21-0000098ada.pdf
• National Reentry Resource Center — Hawaii Profiles — https://nationalreentryresourcecenter.org/cleanslate/states/hawaii