Expunging a Criminal Record in Hawaii (2026)
Reviewed by DocDraft Legal Team · Hawaii · Last updated August 19, 2026
Record clearing in Hawaii is narrow and is called expungement, governed by HRS 831-3.2. It is designed mainly for non-convictions: arrests that did not lead to a conviction, dismissed charges, and acquittals. Most criminal convictions in Hawaii cannot be expunged; only a few statutory categories, such as certain first-time drug offenders and specific marijuana-possession cases, may qualify. Applications go to the Hawaii Criminal Justice Data Center within the Attorney General's office, not usually to a court. Hawaii has no automatic clean-slate sealing program.
Find out where you stand in Hawaii
What are you trying to clear?
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What record-clearing relief does Hawaii offer and what is it called?
Hawaii calls its relief expungement, under HRS 831-3.2. An expungement order annuls and rescinds the record of arrest, removing it from the arresting agency and the statewide criminal history repository. It is aimed mainly at non-convictions. Hawaii does not use sealing or set-aside as its main mechanism.
What is eligible for expungement in Hawaii and is there a waiting period?
Non-conviction arrests are the core of Hawaii expungement: a dismissal, an acquittal, or an arrest that never led to a conviction. In most such cases there is no waiting period under HRS 831-3.2. Bail-forfeiture cases are excluded. Certain first-time drug offenders and specific marijuana-possession cases may also qualify.
Can you expunge a felony or misdemeanor conviction in Hawaii?
Usually no. Most misdemeanor and felony convictions in Hawaii cannot be expunged. HRS 831-3.2 primarily clears non-convictions. Only narrow statutory exceptions exist, such as certain first-time drug offenders under HRS 706-622.5 and specific marijuana-possession cases, and those conviction expungements generally require a court order.
Does Hawaii have an automatic clean-slate sealing law?
No. Hawaii has no automatic clean-slate program that seals or expunges records without an application. Every expungement in Hawaii is by written application to the Hawaii Criminal Justice Data Center in the Attorney General's office. Eligible people must apply and pay the fee; nothing is cleared automatically after a waiting period.
Which offenses are excluded from expungement in Hawaii?
Under HRS 831-3.2, an expungement order will not issue where a conviction was avoided only through bail forfeiture. Because the statute is built for non-convictions, the practical exclusion is broad: most standard misdemeanor and felony convictions are not expungeable at all, outside the narrow first-time drug and marijuana-possession categories the statute names.
Hawaii's Non-Conviction Expungement Under HRS 831-3.2 and the HCJDC Process
Hawaii's record-clearing relief is called expungement and is governed by HRS 831-3.2. Unlike states with broad conviction sealing, Hawaii's law is built mainly for non-convictions: arrests that did not result in a conviction, dismissed charges, and acquittals. In those cases the Attorney General, through the Hawaii Criminal Justice Data Center (HCJDC), issues an expungement order that annuls, cancels, and rescinds the record of arrest and removes it from the arresting agency and the statewide criminal history repository. Most convictions cannot be expunged in Hawaii. The statute carves out only narrow conviction categories, including certain first-time drug offenders under HRS 706-622.5 and 706-622.9 and specific marijuana-possession cases under HRS 712-1249, and a conviction expungement generally requires a court order rather than the standard administrative HCJDC process. An expungement order will not issue where a conviction was avoided only by bail forfeiture. There is generally no waiting period for a non-conviction expungement. Applications go to the HCJDC, not usually to a court, and as of July 1, 2025 the AG handles non-conviction expungement and removal of related court records in a streamlined one-step process. The first-time application fee is $35 and a repeat application is $50, each including a nonrefundable $10 processing fee. Hawaii has no automatic clean-slate sealing law, so eligible people must apply; nothing clears on its own.
Relevant Laws
Hawaii Expungement Orders (HRS 831-3.2)
Authorizes the Attorney General, through the Hawaii Criminal Justice Data Center, to issue an expungement order annulling, canceling, and rescinding a record of arrest on written application from a person arrested for or charged with but not convicted of a crime. This is Hawaii's core, non-conviction-focused expungement statute.
No Automatic Clean-Slate Relief in Hawaii (Petition-Only)
Hawaii has no automatic clean-slate statute that seals or expunges records without an application. Every expungement is by written application to the Hawaii Criminal Justice Data Center under HRS 831-3.2. Eligible people must apply and pay the fee; records are not cleared automatically after a waiting period.
Limited Conviction Exceptions (First-Time Drug and Marijuana Possession)
Most convictions are not expungeable in Hawaii. Narrow exceptions include certain first-time drug offenders sentenced under HRS 706-622.5 and 706-622.9 and specific marijuana-possession cases under HRS 712-1249. An expungement order will not issue where a conviction was avoided only through bail forfeiture.
No General Federal Expungement of State Records
There is no general federal expungement of Hawaii state convictions or arrests; record clearing is a matter of Hawaii state law under HRS 831-3.2. Federal records follow separate, very limited federal rules, so a Hawaii expungement order reaches only the state arrest record and the statewide repository.
Regional Variances
Hawaii Expungement Eligibility Table
Relief type and name
Hawaii calls its relief expungement under HRS 831-3.2. An expungement order annuls, cancels, and rescinds the record of arrest and removes it from the arresting agency and the statewide criminal history repository maintained by the Hawaii Criminal Justice Data Center. Hawaii does not rely on sealing or set-aside as its main mechanism.
Eligible records
The core eligible category is non-convictions: arrests that did not result in a conviction, dismissed charges, and acquittals, under HRS 831-3.2. Narrow conviction exceptions exist for certain first-time drug offenders under HRS 706-622.5 and 706-622.9 and specific marijuana-possession cases under HRS 712-1249, generally requiring a court order.
Waiting period by offense class
For non-conviction expungement, there is generally no waiting period under HRS 831-3.2; you may apply once the case ends without a conviction. Because most convictions are not expungeable at all, Hawaii has no general per-offense-class conviction waiting-period schedule; the limited conviction categories follow their own statutory conditions.
Excluded offenses
An expungement order will not issue where a felony or misdemeanor conviction was avoided only through bail forfeiture, under HRS 831-3.2. More broadly, most standard misdemeanor and felony convictions cannot be expunged in Hawaii; only the narrow first-time drug and marijuana-possession categories the statute names may qualify.
Clean-slate status
Hawaii has no automatic clean-slate sealing or expungement law. Nothing clears automatically after a waiting period; every expungement requires a written application to the Hawaii Criminal Justice Data Center in the Attorney General's office and payment of the fee ($35 first-time, $50 repeat, each including a nonrefundable $10 processing fee).
Suggested Compliance Checklist
Confirm your case is a non-conviction or a listed exception
Before you apply days after startingVerify under HRS 831-3.2 that your case ended without a conviction (dismissal, acquittal, or no conviction) or falls in a narrow conviction exception such as certain first-time drug offenders under HRS 706-622.5 or marijuana possession under HRS 712-1249. Bail-forfeiture cases are excluded, and most convictions cannot be expunged.
Obtain your Hawaii criminal history record
Before completing the application days after startingRequest your statewide criminal history from the Hawaii Criminal Justice Data Center to confirm the exact arrest, charge, and final disposition. Eligibility under HRS 831-3.2 depends on the disposition showing no conviction, so verify it before you apply to avoid a denial and loss of the processing fee.
Complete the HCJDC expungement application
Before filing days after startingFill out the official Hawaii Criminal Justice Data Center expungement application accurately. For a non-conviction, the AG handles expungement and removal of related court records in a streamlined one-step process as of July 1, 2025. A qualifying conviction category generally requires a court order, so confirm your track first.
Submit the application and pay the HCJDC fee
When you file days after startingFile the completed application with the Hawaii Criminal Justice Data Center in the Attorney General's office, not usually a court, and pay $35 for a first-time application or $50 for a repeat, each including a nonrefundable $10 processing fee. If denied, the fee minus the $10 processing charge is returned.
Confirm the order issued and the record was updated
After the AG's decision days after startingConfirm the Attorney General issued the expungement order and that the arrest was removed from the arresting agency and the statewide repository. Keep a copy of the order. Note that courts may still retain related records and some agencies may access certain information; an attorney can help if eligibility or effect is unclear.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your case is a non-conviction or a listed exception | Verify under HRS 831-3.2 that your case ended without a conviction (dismissal, acquittal, or no conviction) or falls in a narrow conviction exception such as certain first-time drug offenders under HRS 706-622.5 or marijuana possession under HRS 712-1249. Bail-forfeiture cases are excluded, and most convictions cannot be expunged. | - | Before you apply |
| Obtain your Hawaii criminal history record | Request your statewide criminal history from the Hawaii Criminal Justice Data Center to confirm the exact arrest, charge, and final disposition. Eligibility under HRS 831-3.2 depends on the disposition showing no conviction, so verify it before you apply to avoid a denial and loss of the processing fee. | - | Before completing the application |
| Complete the HCJDC expungement application | Fill out the official Hawaii Criminal Justice Data Center expungement application accurately. For a non-conviction, the AG handles expungement and removal of related court records in a streamlined one-step process as of July 1, 2025. A qualifying conviction category generally requires a court order, so confirm your track first. | - | Before filing |
| Submit the application and pay the HCJDC fee | File the completed application with the Hawaii Criminal Justice Data Center in the Attorney General's office, not usually a court, and pay $35 for a first-time application or $50 for a repeat, each including a nonrefundable $10 processing fee. If denied, the fee minus the $10 processing charge is returned. | - | When you file |
| Confirm the order issued and the record was updated | Confirm the Attorney General issued the expungement order and that the arrest was removed from the arresting agency and the statewide repository. Keep a copy of the order. Note that courts may still retain related records and some agencies may access certain information; an attorney can help if eligibility or effect is unclear. | - | After the AG's decision |
Frequently Asked Questions
The Hawaii Criminal Justice Data Center charges $35 for a first-time expungement application and $50 for a repeat application. Each fee includes a nonrefundable $10 processing fee. If your application is denied, the amount you paid minus the $10 processing fee is returned. The fee is paid to the HCJDC, not to a court.
Timing depends on the HCJDC's workload and whether court records must be removed. Since July 1, 2025, the Attorney General handles non-conviction expungement and removal of related court records in a streamlined one-step process, which was designed to reduce delays. Processing still takes time, so submit a complete, accurate application to avoid setbacks.
An HRS 831-3.2 order removes the arrest from the arresting agency and the statewide repository, but it is not always a total erasure. Courts may still retain and make related court records available, and certain agencies may access information in limited circumstances. Expungement in Hawaii clears the criminal history record; it does not guarantee every trace is gone.
An expungement order under HRS 831-3.2 annuls, cancels, and rescinds the record of arrest, which is meant to relieve you of having to disclose the expunged arrest in most situations. Because effects can vary by context, such as certain licensing or federal questions, an attorney can advise you on how to answer a specific application accurately.
Sometimes. While most convictions cannot be expunged in Hawaii, the statute recognizes narrow conviction categories, including certain first-time drug offenders sentenced under HRS 706-622.5 and specific marijuana-possession cases under HRS 712-1249. These conviction expungements are limited and generally require a court order rather than the standard administrative HCJDC process.
Other Hawaii guides
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