Expungement Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Hawaii requires the use of official form HCJDC-159 (Expungement Application) from the
Hawaii Criminal Justice Data Center for expungement petitions. This template provides the
substantive legal content to help you prepare — but you must transfer your content to the
official form before filing. The official form is available at
https://ag.hawaii.gov/hcjdc/hcjdc-forms/.
Do not file this document directly with the court.

PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD

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

TABLE OF CONTENTS

1. Document Header (Caption, Jurisdiction, Parties)
2. Definitions
3. Factual Allegations
4. Statutory Basis & Eligibility
5. Operative Requests for Relief
6. Representations & Warranties of Petitioner
7. Notice of Hearing & Service
8. General Provisions
9. Verification
10. Certificate of Service
11. Proposed Order (Exhibit A)

1. DOCUMENT HEADER

1.1 Effective Date. This Petition is deemed filed on the date indicated in the clerk’s time-stamp.
1.2 Governing Law & Forum. This matter is governed by Hawaiʻi law—including, without limitation, Haw. Rev. Stat. § 846-9—and is properly before the [DISTRICT / CIRCUIT] Court for the __________ Circuit (“Court”).
1.3 Parties. The Petitioner and Respondents are identified in the caption above.

2. DEFINITIONS

For ease of reference, capitalized terms below have the meanings assigned:

“Arrest” means the arrest of Petitioner by [ARRESTING AGENCY] on [ARREST DATE], Agency Report No. ☐.
“Dismissal Date” means [MM/DD/YYYY], the date on which the underlying charge(s) were dismissed, set aside, or resulted in a not-guilty disposition.
“Expungement” means the sealing and removal from access of all records relating to the Arrest, as authorized by Haw. Rev. Stat. § 846-9.
“Record” collectively refers to any reference to the Arrest contained in databases, indices, files, hard-copy documents, or electronic repositories maintained by any Respondent.

3. FACTUAL ALLEGATIONS

3.1 Arrest Information. Petitioner was arrested on [ARREST DATE] by [ARRESTING AGENCY] for the alleged offense(s) of [LIST CHARGE(S)] in violation of [RELEVANT STATUTE(S)].
3.2 Disposition. On [DISMISSAL DATE], the Court entered a disposition of [“not guilty” / “dismissed with prejudice” / “charge(s) nolle prosequi” / other].
3.3 Absence of Conviction. Petitioner was not convicted of any offense arising out of the Arrest.
3.4 Waiting Period. More than [WAITING PERIOD] has elapsed since the Disposition, satisfying any applicable statutory waiting period.
3.5 No Pending Proceedings. Petitioner affirms that no criminal charge or investigation is presently pending against Petitioner in any jurisdiction.

4. STATUTORY BASIS & ELIGIBILITY

4.1 Authority. Haw. Rev. Stat. § 846-9 authorizes expungement of arrest records where (a) the arrest did not result in a conviction and (b) no prosecution is pending.
4.2 Compliance. Petitioner satisfies each statutory criterion for expungement, as detailed in Sections 3.1–3.5 above.
4.3 Sealed Record Access. Petitioner requests that any sealed record remain accessible only to (i) the Court for good cause shown; (ii) a law-enforcement agency acting within official duties; or (iii) Petitioner upon personal request, unless otherwise ordered by the Court.

5. OPERATIVE REQUESTS FOR RELIEF

Petitioner respectfully requests that the Court enter an Order that:
A. Grants this Petition in all respects;
B. Directs each Respondent to expunge and seal the Record, including any fingerprints, photographs, index references, or computerized entries;
C. Prohibits Respondents from disclosing the Record to any private or public entity, except as expressly permitted under Haw. Rev. Stat. § 846-9 or subsequent Court order;
D. Requires Respondents to provide written certification of compliance to Petitioner within thirty (30) days of service of the Court’s Order; and
E. Grants such other and further relief as justice may require.

6. REPRESENTATIONS & WARRANTIES OF PETITIONER

6.1 Accuracy. Petitioner represents that all factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
6.2 Compliance with Law. Petitioner warrants that this Petition is submitted in good faith, in compliance with all applicable statutes, court rules, and orders.
6.3 No Adverse Impact. Petitioner affirms that the requested expungement will not contravene any court order of restitution, protective order, or victim notification requirement.

7. NOTICE OF HEARING & SERVICE

7.1 Hearing. Pursuant to Rule [NUMBER] of the Hawaiʻi Rules of Penal Procedure, the undersigned requests that the Court set this matter for hearing at the Court’s earliest convenience.
7.2 Service on Respondents. A filed-stamped copy of this Petition, together with the proposed Order, shall be served on each Respondent listed in the caption via [HAND DELIVERY / CERTIFIED MAIL / ELECTRONIC FILING], as indicated in the Certificate of Service.

8. GENERAL PROVISIONS

8.1 Amendment. Petitioner reserves the right to amend or supplement this Petition as justice may require.
8.2 Severability. Should any provision of this Petition be found unenforceable, all remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
8.3 Integration. This Petition constitutes the complete request for expungement concerning the Arrest and supersedes any prior oral or written request related thereto.

9. VERIFICATION

I, [PETITIONER NAME], declare under penalty of law that the foregoing is true and correct.

Date: [MM/DD/YYYY]

__________________________________
[PETITIONER NAME]
Petitioner, Pro Se / By Counsel

10. CERTIFICATE OF SERVICE

I certify that on [MM/DD/YYYY] I served the foregoing Petition and all attachments on each Respondent by [METHOD], addressed as follows:

• Office of the Attorney General, Hawaiʻi Criminal Justice Data Center – 465 South King Street, Room 102, Honolulu, HI 96813
• [ARRESTING AGENCY] – [ADDRESS]
• Clerk of the Court – [COURTHOUSE ADDRESS]
• [ANY ADDITIONAL AGENCY] – [ADDRESS]

__________________________________
[NAME OF SERVER]

11. PROPOSED ORDER (EXHIBIT A)

[Attach a separate, captioned “ORDER GRANTING PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD,” containing the blank fields necessary for judicial signature, date, and certification deadlines.]

SIGNATURE BLOCK

Respectfully submitted,

Date: [MM/DD/YYYY]

__________________________________
[ATTORNEY NAME], Esq. (Bar No. ☐)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Petitioner [PETITIONER NAME]

[// GUIDANCE TO PRACTITIONERS:

1. Verify eligibility under HRS § 846-9 or, if relying on dismissal after Deferred Acceptance (HRS § 853-1), adjust statutory citations accordingly.
2. Confirm compliance with any local administrative requirements (e.g., fingerprint-card return, AG filing fee).
3. Insert the appropriate rule citations for notice and hearing (Hawaiʻi Rules of Penal Procedure or District Court Rules, depending on forum).
4. Where multiple arrests exist, file a separate petition for each incident or request consolidation by motion.
5. Retain proof of mailed service; HCJDC will not process expungement without evidence of the Court’s certified order.
   ]
   ```