Here’s a clear, practical breakdown of how Hawaiʻi handles expungement and pardons. The key thing to understand upfront: Hawaiʻi is fairly restrictive compared to many states, especially for convictions.
🧾 Expungement laws in Hawaiʻi
1. Main governing law
- Haw. Rev. Stat. § 831-3.2 (primary expungement statute)
2. What can be expunged
✅ Non-conviction records (MOST COMMON)
You can apply if:
- You were arrested but not convicted
- Charges were:
- dismissed
- not filed
- resulted in acquittal
👉 This is the core of Hawaiʻi expungement law
- These records can be removed from public criminal history databases
- Once granted, they become confidential and generally won’t show on background checks
✅ Limited conviction expungements (rare)
Hawaiʻi allows expungement of very specific convictions only, such as:
- First-time drug possession cases (under certain statutes)
- Under-21 DUI cases
- Some youthful offender cases (under age 20)
⚠️ Special “deferred acceptance” cases
If someone receives a deferred plea (no conviction entered):
- Case is dismissed after successful probation
- May become eligible for expungement later
3. What CANNOT be expunged
- ❌ Most adult convictions
- ❌ Most felonies
- ❌ Pending charges
- ❌ Certain mental health-related acquittals
👉 In reality:
If you were convicted as an adult, expungement is usually not available
4. Process
Handled by the Hawaiʻi Criminal Justice Data Center (HCJDC)
Steps:
- Submit application to Attorney General’s office
- Pay fee:
- ~$35 (first time)
- ~$50 (subsequent)
- Wait about ~120 days
🔄 Important update (2025 law change)
- Expungement now automatically triggers court record sealing in many cases
- Before 2025, you had to do that separately
5. Effect of expungement
If granted:
- You can legally say the arrest did not occur (for most purposes)
- Record is removed from public databases
- Still visible to:
- law enforcement
- certain government agencies
🏛️ Pardons in Hawaiʻi
Since expungement is limited, pardons are the main option for convictions.
1. Who grants pardons
- The Governor of Hawaiʻi (executive clemency)
2. What a pardon does
- Forgives the offense
- May restore rights (like firearm rights or licensing eligibility)
- ❗ DOES NOT erase the conviction
👉 The record still exists, unlike expungement
3. When people seek pardons
Typically used when:
- You have a felony conviction
- Expungement is not available
- You want:
- civil rights restored
- relief from collateral consequences (jobs, housing)
4. General requirements (practical reality)
While criteria aren’t strictly fixed, applicants usually need:
- Significant time since conviction
- Clean record since
- Evidence of rehabilitation
- Strong supporting documentation
Pardons are:
- Discretionary
- Not commonly granted
⚖️ Bottom line (plain English)
- Best case scenario:
- If your case was dismissed → you can likely expunge it
- Convictions:
- Most cannot be expunged
- You’re looking at a pardon instead
- Hawaiʻi vs other states:
- More restrictive than many mainland states
- Focuses heavily on non-conviction cleanup, not conviction erasure
The state of Hawaii offers a governors pardon, with no eligibility requirements for applicants. The governor, by policy, will seek the recommendation of the Hawaii state paroling authority. There is no statutory process regarding pardon applications. According to the pardons administrator of the paroling authority, there is a formal investigation process to be conducted, including a face-to-face interview with the applicant. The attorney general’s office then conducts its own investigation. The entire process takes about eight months from the time the application is submitted.
There is expungement available for persons with no prior felony convictions, and for nonviolent first-time offender probationers. The defendant must successfully complete probation, at which time the charges will be dismissed without adjudication of guilt. One year after discharge and dismissal, an expungement may be requested.
An application is attached along with instructions. Two people with personal connection to the applicant must fill out the character affidavits. The affidavits must be signed before a notary public.