How long you wait to clear a record in Hawaii
When you can ask to clear a record in Hawaii.
Checked against official sources: October 25, 2026.
Short answer
Hawaii law sets a waiting period for each kind of case. The wait starts from a set event.
- Main remedy
- Expungement of non-conviction arrest records (Attorney General)
- Waiting periods
- 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 (HRS § 712-1200): 3 years, counted from discharge
Hawaii waiting period helper
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Waiting periods: 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)
Source: Official text
In nearby states
- Texas: Class C misdemeanor arrest, no charge filed: If no charge was filed, you can ask after at least 180 days from the arrest, counted from date of arrest (180 days)
- New Mexico: Municipal ordinance violation or misdemeanor: 2 years, counted from the last date you completed a sentence for any conviction in any jurisdiction
- Alaska: Conviction with suspended imposition of sentence: No waiting period, counted from discharge from probation
Steps after the wait in Hawaii
Get your court papers
Your court papers show when the case ended and when your sentence was done.
Look at the exclusions
Some offenses are never eligible, and a new case can restart or stop the clock.
File when you are ready
When the waiting period has passed, you can prepare your request. How to file.
Talk to legal aid
Free help: Legal Aid Society of Hawaii.
Free legal help in Hawaii
Questions about waiting periods in Hawaii
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.
When can I ask to clear my record 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.