Expungement of non-conviction arrest records (Attorney General) in Hawaii: which records can be cleared
Which records Hawaii lets you clear, who is not eligible and what changes after the court says yes.
Checked against official sources: October 25, 2026.
Short answer
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.
- Main remedy
- Expungement of non-conviction arrest records (Attorney General)
- What it covers
- 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).
- Ways to clear a record
- 2
Which records can 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
What you can say afterwards
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
Marijuana relief 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
Records from when you were under 18
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
In nearby states
- Texas: Expunction; order of nondisclosure
- New Mexico: Expungement
- Alaska: Set aside; dismissal after suspended entry of judgment; removal from the court's public website
- Arizona: Set aside, sealing (record sealing), expungement (marijuana only)
Your next steps in Hawaii
See what is on your record
Your record lists each case; you need it to see which remedy fits. Hawaii Criminal Justice Data Center - Expungements and HCJDC - Expungement Frequently Asked Questions.
Count the waiting period
Each kind of case has its own waiting period. Waiting periods.
Start the case
You file the request in the court that handled the case. How to file.
Ask for free help
Free help: Legal Aid Society of Hawaii.
Free legal help in Hawaii
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 I clear a conviction 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.
Does Hawaii clear cannabis records?
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.
Are juvenile records sealed 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.
Who can still see a cleared record 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.