Clearing a criminal record in Hawaii
In Hawaii it is called expungement (expungement order and certificate): an expungement order annuls the arrest record. Some convictions, including some felonies, may be cleared.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in Hawaii?
Expungement (expungement order and certificate) — In Hawaii, an expungement order annuls the arrest record: police send it to a confidential file at the Attorney General's Hawaii Criminal Justice Data Center, and you are treated as not having been arrested. Only courts preparing a presentence report, national or state security employers, and police can still see it. Most convictions cannot be expunged.
Hawaii has 2 ways to clear a record. Each covers different records and has its own waiting period.
Expungement of non-conviction arrest records (Attorney General)
Arrests and charges that did not lead to a conviction of a crime (dismissed, not charged, acquitted, completed deferred acceptance of guilty or no contest plea under chapter 853), and, since June 2026, arrests for a crime that ended in a conviction for only a violation (a non-criminal offense).
| Kind of case | Waiting period | Counted from |
|---|---|---|
Dismissed, not charged, or acquitted | No waiting period You can apply as soon as the case ends without a conviction. | End of the case |
Deferred acceptance of guilty or no contest plea (DAG/DANC), discharged | 1 year After a deferred plea, you must wait 1 year from discharge and dismissal before applying. | Discharge and dismissal of the charge |
Deferred plea for prostitution (HRS § 712-1200) | 3 years For a deferred plea to prostitution, the wait is 3 years after discharge. | Discharge |
Petty misdemeanor or violation, bail forfeited | 5 years If no conviction was obtained because bail was forfeited on a petty misdemeanor or violation, you must wait 5 years. | Arrest or citation |
- Not eligible
- Felony or misdemeanor arrests where there was no conviction only because bail was forfeited; cases where you made prosecution impossible by leaving the jurisdiction; people involuntarily hospitalized or acquitted or dismissed because of a mental disease, disorder or defect; charges without a final disposition. A pardon does not make an arrest eligible.
Law: HRS § 831-3.2 (as amended by Act 3, SLH 2025 and Act 152, SLH 2026); HRS § 712-1200
Source: Official text
Court-ordered expungement of certain convictions
First- or second-time nonviolent drug possession or drug paraphernalia offenders sentenced to probation and treatment under HRS § 706-622.5; first-time class C felony property offenders sentenced to treatment under § 706-622.9; under-21 drivers convicted of driving after drinking a measurable amount of alcohol; possession of 3 grams or less of marijuana.
| Kind of case | Waiting period | Counted from |
|---|---|---|
First-time drug or property offender on probation with treatment | See the rule You can apply once you have completed the treatment program and all probation terms. | Successful completion of treatment and probation |
Marijuana possession of 3 grams or less (no other charge in the incident) | No waiting period The court must grant expungement on your motion; the statute sets no waiting period. | Conviction |
- Not eligible
- Drug distribution or manufacturing and listed methamphetamine offenses; property offenders with a prior felony conviction. Other convictions cannot be expunged.
- Limits
- Drug offender expungement under § 706-622.5 is available one time only (if you were not sentenced under that section before); first-time property offender relief only if you have no prior felony conviction and were not sentenced before under § 706-606.5, § 706-622.5 or § 706-622.9.
Law: HRS §§ 706-622.5, 706-622.8, 706-622.9, 291E-64(e); § 291E-64(e); § 706-622.9
Source: Official text
When can I file? Waiting periods in Hawaii
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in Hawaii
Expungement of non-conviction arrest records (Attorney General)
Mail or drop off Expungement Application HCJDC 159(b), a copy of a government photo ID, the fee and a self-addressed stamped envelope to the Hawaii Criminal Justice Data Center, 465 South King Street, Room 102, Honolulu. No court hearing. You receive an expungement certificate by mail within 120 days. Since July 1, 2025, HCJDC sends the order to the Judiciary so court records can be sealed from public court databases.
- Cost
- $35 for a first expungement, $50 for later ones (includes a non-refundable $10 processing fee); $20 for a duplicate certificate. Money order or cashier's check payable to 'State of Hawaii'.
Court-ordered expungement of certain convictions
Ask the sentencing court (by written application or motion; your probation officer may also apply). After the court grants an Order for Expungement of Conviction, send a copy with Form HCJDC 159(b) and the fee to HCJDC. The conviction is removed from the statewide repository only; the arresting agency and courts may keep records.
- Cost
- $35 first / $50 later HCJDC fee.
Court self-help
Free help in Hawaii
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (Hawaii Criminal Justice Data Center (HCJDC), Department of the Attorney General) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for Hawaii.
Clearing a record in Hawaii by topic
Expungement of non-conviction arrest records (Attorney General) in Hawaii
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in Hawaii
How long you wait for each kind of case, and a date helper.
How to file in Hawaii
The steps, the cost, fee waivers, the forms and court self-help.
Marijuana records in Hawaii
A conviction for possessing 3 grams or less of marijuana, with no other charge from the same incident, must be expunged by the court on your motion. Possession of 3 grams or less has been a $130 violation since 2020. A state-initiated pilot expunged, at no cost, certain pre-2020 non-conviction § 712-1249 arrests in one county; it ended October 1, 2025.
Law: HRS § 712-1249; HRS § 706-622.5(5), Act 273, SLH 2019; Act 62, SLH 2024; Act 5, SLH 2025
Juvenile records in Hawaii
Family Court may expunge a juvenile arrest record on written application if the matter was not referred to court (or you were counseled and released and are now an adult), or if it was referred but you were not adjudicated or it was dismissed with prejudice. You then receive a certificate and may say you have no record of that arrest. HRS § 571-88. HCJDC does not expunge juvenile records.
Pardons in Hawaii
- Who decides
- Governor, with investigation by the Hawaii Paroling Authority
- How
- Apply through the Hawaii Paroling Authority, (808) 587-1300. A pardon does not make a record eligible for expungement; the arrest stays on your record with a notation of the pardon.
Law: Haw. Const. art. V, § 5
After your record is cleared in Hawaii
With an expungement certificate you may say, under oath or not, that you have no record of that arrest, and you cannot be punished for perjury, sued or fired for saying so. Expunged records remain available only to courts preparing presentence reports, agencies hiring for positions directly affecting national or state security, and police. Separately, most private employers may ask about convictions only after a conditional job offer and may consider only felony convictions from the last 7 years and misdemeanor convictions from the last 5 years, excluding time in prison.
Law: HRS § 831-3.2(b)-(e); HRS § 378-2.5
Get your own record in Hawaii
Hawaii Criminal Justice Data Center (HCJDC), Department of the Attorney General · (808) 586-1500
Search conviction records online through eCrim ($5 per name search, $12 per certified record), or request a sealed name-based check with Form HCJDC-073 in person or by mail at 465 S. King Street, Room 102, Honolulu ($30; certification +$20). No cash.
Letter: ask the state records office for a copy of your record
Good to know in Hawaii
- Since July 1, 2025, HCJDC sends expungement orders to the Judiciary, so you no longer have to ask the courts separately to seal public court records.
Law: Act 3, SLH 2025; HRS § 831-3.2(f)
- Act 152 (signed June 25, 2026) codifies Barker v. Young (2023): an arrest for a crime that ends in a conviction for only a violation can be expunged.
- Act 241 (2024) created a Clean Slate Expungement Task Force to design state-initiated expungement; its report has been sent to the Legislature but no automatic law has passed (Judiciary JC9, 2026).
Changes in 2024–2026
Act 62 (2024) and Act 5 (2025): no-cost state-initiated expungement pilot for certain § 712-1249 arrests (ended October 1, 2025). Act 241 (2024): Clean Slate Expungement Task Force. Act 3 (2025): automatic transmission of expungement orders to the Judiciary for sealing court records, effective July 1, 2025. Act 152 (2026): arrests ending in a violation-only conviction are eligible for expungement.
Questions about clearing a record in Hawaii
What is clearing a record called in Hawaii?
Expungement (expungement order and certificate). In Hawaii, an expungement order annuls the arrest record: police send it to a confidential file at the Attorney General's Hawaii Criminal Justice Data Center, and you are treated as not having been arrested. Only courts preparing a presentence report, national or state security employers, and police can still see it. Most convictions cannot be expunged.
Can convictions be cleared in Hawaii?
Expungement of non-conviction arrest records (Attorney General): Arrests and charges that did not lead to a conviction of a crime (dismissed, not charged, acquitted, completed deferred acceptance of guilty or no contest plea under chapter 853), and, since June 2026, arrests for a crime that ended in a conviction for only a violation (a non-criminal offense). Court-ordered expungement of certain convictions: First- or second-time nonviolent drug possession or drug paraphernalia offenders sentenced to probation and treatment under HRS § 706-622.5; first-time class C felony property offenders sentenced to treatment under § 706-622.9; under-21 drivers convicted of driving after drinking a measurable amount of alcohol; possession of 3 grams or less of marijuana.
How long do I have to wait in Hawaii?
Dismissed, not charged, or acquitted: No waiting period, counted from end of the case; Deferred acceptance of guilty or no contest plea (DAG/DANC), discharged: 1 year, counted from discharge and dismissal of the charge; Deferred plea for prostitution: 3 years, counted from discharge; Petty misdemeanor or violation, bail forfeited: 5 years, counted from arrest or citation.
How much does it cost to clear a record in Hawaii?
Expungement of non-conviction arrest records (Attorney General): $35 for a first expungement, $50 for later ones (includes a non-refundable $10 processing fee); $20 for a duplicate certificate. Money order or cashier's check payable to 'State of Hawaii'. Court-ordered expungement of certain convictions: $35 first / $50 later HCJDC fee.
Can a marijuana record be cleared in Hawaii?
A conviction for possessing 3 grams or less of marijuana, with no other charge from the same incident, must be expunged by the court on your motion. Possession of 3 grams or less has been a $130 violation since 2020. A state-initiated pilot expunged, at no cost, certain pre-2020 non-conviction § 712-1249 arrests in one county; it ended October 1, 2025.
Can juvenile records be cleared in Hawaii?
Family Court may expunge a juvenile arrest record on written application if the matter was not referred to court (or you were counseled and released and are now an adult), or if it was referred but you were not adjudicated or it was dismissed with prejudice. You then receive a certificate and may say you have no record of that arrest. HRS § 571-88. HCJDC does not expunge juvenile records.
What can I say after my record is cleared in Hawaii?
With an expungement certificate you may say, under oath or not, that you have no record of that arrest, and you cannot be punished for perjury, sued or fired for saying so. Expunged records remain available only to courts preparing presentence reports, agencies hiring for positions directly affecting national or state security, and police. Separately, most private employers may ask about convictions only after a conditional job offer and may consider only felony convictions from the last 7 years and misdemeanor convictions from the last 5 years, excluding time in prison.
How do I get a copy of my criminal record in Hawaii?
Search conviction records online through eCrim ($5 per name search, $12 per certified record), or request a sealed name-based check with Form HCJDC-073 in person or by mail at 465 S. King Street, Room 102, Honolulu ($30; certification +$20). No cash.