Expungement Petition - Preparation Worksheet

HAWAIʻI EXPUNGEMENT ROUTE AND APPLICATION PREPARATION GUIDE

MOST NONCONVICTION EXPUNGEMENTS ARE NOT COURT PETITIONS. Submit the current HCJDC 159(b) Expungement Application to the Hawaiʻi Criminal Justice Data Center (HCJDC). Do not file the generic court caption formerly contained in this template.

CURRENT ONE-STEP PROCESS. For an Attorney General expungement order issued on or after July 1, 2025 that lists the court case number and arrest number, HRS § 831-3.2(f) requires transmission to the Judiciary. Subject to the statutory multiple-charge and multiple-defendant exceptions, the court must seal or otherwise remove the applicable files and information from publicly accessible electronic databases. Orders issued before July 1, 2025 still require the separate Judiciary request described on the current Judiciary page.

1. SELECT THE CORRECT ROUTE

☐ Eligible nonconviction arrest — HRS § 831-3.2. Complete Parts 2 through 6 and submit HCJDC 159(b) directly to HCJDC.

☐ Eligible conviction — HRS § 291E-64(e), § 706-622.5, § 706-622.8, or § 706-622.9. First obtain a court order under the applicable statute using Parts 7 through 9. Then attach that order to HCJDC 159(b).

☐ Citation or summons without arrest or booking. HCJDC states that there is no arrest record for it to expunge. Obtain legal advice about any remaining court record.

☐ Juvenile matter. HCJDC does not expunge juvenile charges. Contact Family Court and do not use the adult HCJDC route.

Selected route: [________________________________________________]

2. NONCONVICTION ELIGIBILITY — HRS § 831-3.2

A. Basic qualification

☐ Applicant was arrested for, or charged with, a crime but was not convicted; or applicant was found eligible for redress under chapter 661B.

☐ Every charge listed has a final disposition. HCJDC will not process a charge without a final disposition.

B. Statutory bars and delayed eligibility

An Attorney General expungement order shall not issue under § 831-3.2(a) in the following circumstances:

☐ A felony or misdemeanor did not result in conviction because of bail forfeiture.

☐ Fewer than five years have elapsed after arrest or citation for a petty misdemeanor or violation that did not result in conviction because of bail forfeiture.

☐ The person made prosecution impossible by leaving the jurisdiction.

☐ The person was involuntarily hospitalized under § 706-607, or was acquitted or had charges dismissed under chapter 704 because of a physical or mental disease, disorder, or defect.

☐ Fewer than one year has elapsed after discharge and dismissal following a deferred acceptance of guilty or no-contest plea under chapter 853.

☐ For a deferred plea to a prostitution charge under § 712-1200, fewer than three years have elapsed after discharge.

If any box above is checked, obtain Hawaiʻi legal advice before applying. Some entries are permanent bars; others postpone eligibility.

3. COMPLETE CURRENT FORM HCJDC 159(b)

Use the form linked on the current HCJDC Expungements page and marked HCJDC 159(b), Rev. 06/03/2026, or a later official revision.

Applicant information

Social Security number is optional on the current form and, if supplied, is used to help identify the correct record.

Application declaration

☐ Initial the nonconviction section of HCJDC 159(b).

☐ List all qualifying alleged offenses and provide accurate arrest, case, and disposition identifiers.

☐ Declare that the applicant is not a fugitive from justice.

☐ Request return of non-digitized fingerprints and photographs if desired. Under § 831-3.2(a), agencies may retain photographs or fingerprints if the person has a conviction record or is a fugitive from justice.

4. REQUIRED SUBMISSION PACKAGE

☐ Completed and signed HCJDC 159(b)

☐ Copy of valid government-issued photo identification

☐ Self-addressed stamped envelope

☐ Money order or cashier's check issued in the United States and payable to State of Hawaii

Current official fees:

• First-time expungement: $35
• Non-first-time expungement: $50
• Included nonrefundable processing portion: $10
• Duplicate certificate: $20

Personal and business checks are not accepted. Confirm the current form and fee immediately before mailing.

Submit to:

Hawaii Criminal Justice Data Center

Attn: Expungement

465 South King Street, Room 102
Honolulu, HI 96813

HCJDC states that processing may take up to 120 days and that expedited service is unavailable.

5. EFFECT OF A NONCONVICTION EXPUNGEMENT

Under § 831-3.2:

• The order annuls, cancels, and rescinds the specified arrest record.
• The person is treated as not having been arrested, subject to the statute.
• The certificate authorizes the person to state, even under oath, that the person has no record regarding the specific arrest, without the adverse consequences listed in subsection (e).
• State and county law-enforcement arrest records that can be separated from unrelated records are forwarded to the Attorney General for confidential filing.
• Confidential records remain 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.

HCJDC also sends a notice to the FBI requesting removal of the Hawaiʻi charges, but states that federal removal is not mandated by § 831-3.2.

6. JUDICIARY FOLLOW-UP UNDER § 831-3.2(f)

For orders issued on or after July 1, 2025:

☐ Confirm the application supplies both the court case number and arrest number.

☐ After receiving the certificate, check the Judiciary's publicly accessible electronic databases after a reasonable implementation period.

Automatic Judiciary action under subsection (f) does not apply to a case when:

1. The person was charged with multiple offenses 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.

If an exception applies, or if the Attorney General order was issued before July 1, 2025, follow the current Judiciary instructions and obtain legal advice about a separate request.

7. NARROW CONVICTION-EXPUNGEMENT ROUTES

Most convictions do not qualify. A pardon does not make a conviction eligible for HCJDC expungement. Use a court application only if one of these statutes applies.

A. Under-21 measurable-alcohol driving — § 291E-64(e)

☐ The person was convicted of a first violation under § 291E-64(b)(1), or the specified predecessor statute.

☐ The person had no prior alcohol-enforcement contact.

☐ The person is now at least 21 years old.

☐ Every term of the sentence is fulfilled.

☐ There has been no subsequent alcohol- or drug-related enforcement contact.

☐ The commercial-driver / commercial-vehicle exclusions in § 291E-64(e) do not apply.

B. Drug-offender treatment — § 706-622.5(4)

☐ The person was sentenced under § 706-622.5 and successfully completed the substance-abuse treatment program and all other probation terms.

☐ The person has not previously been sentenced under that section; expungement under subsection (4) is available one time only.

C. Marijuana possession of three grams or less — § 706-622.5(5)

☐ The conviction was for possession of marijuana under § 712-1249.

☐ The amount was three grams or less.

☐ The same facts and circumstances produced no other criminal charge.

D. Pre-July 1, 2004 first-time drug offender — § 706-622.8

☐ The person was sentenced before July 1, 2004 for a first-time drug offense under § 706-622.5 and otherwise meets that section's requirements.

☐ The person successfully completed treatment and all other court conditions.

☐ The person has not already received a conviction expungement under § 706-622.8 or § 706-622.5(4).

E. First-time property offender — § 706-622.9(3)

☐ The person was sentenced under § 706-622.9.

☐ The person successfully completed treatment and all other probation terms.

☐ The person has not previously been convicted of a felony in Hawaiʻi or another jurisdiction.

8. COURT APPLICATION FOR AN ELIGIBLE CONVICTION

Use the caption and filing method required by the court that entered the conviction. Verify current local forms and rules before filing.

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

STATE OF HAWAIʻI v. [APPLICANT / DEFENDANT NAME]

Case Number: [________________________________]

APPLICATION FOR ORDER EXPUNGING ELIGIBLE CONVICTION

Applicant requests an order under HRS § [291E-64(e) / 706-622.5(4) / 706-622.5(5) / 706-622.8 / 706-622.9(3)] expunging the conviction identified below.

1. Offense and statute: [________________________________]
2. Conviction date: [__/__/____]
3. Sentence and governing expungement route: [________________________________]
4. Sentence or probation completion date: [__/__/____]
5. Facts satisfying every element of the selected route: [________________________________]
6. Supporting exhibits: [________________________________]

Applicant requests the court order expressly identifying the conviction, case number, applicable statute, and finding that the statutory requirements are satisfied.

Signature: [________________________________]

Printed name: [________________________________]

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

9. AFTER THE COURT ORDER

☐ Obtain a filed copy of the court's order granting conviction expungement.

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

☐ Attach the court order. HCJDC states that a conviction application without the order will be denied.

☐ Submit the form, identification, payment, and self-addressed stamped envelope to HCJDC.

For these conviction routes, HCJDC states that conviction information is removed from the statewide adult criminal-history repository only and may remain available from the arresting agency and court.

10. CURRENT OFFICIAL SOURCES

• HCJDC Expungements and current application: https://ag.hawaii.gov/hcjdc/expungements/
• HCJDC Expungement 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
• Hawaiʻi Judiciary, Expunging Arrest Records and Removing Court Records: https://www.courts.state.hi.us/requests-for-sealing-court-records
• 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

Recheck the live statutes, current HCJDC form, fees, and court requirements immediately before filing.