Hawaii Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed
  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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FAQ

Expungements and its benefits Through an expungement, this is possible. People hoping for an expungement must remember that it is only available for arrests without conviction, those with a first-time drug offense, DUIs under age 21, those whose crimes was a first-time theft, and prostitution.

§831-3.2 Expungement orders. ( Any person entitled to an expungement order under this section may by written application also request return of all fingerprints or photographs taken in connection with the person's arrest.

§831-3.2, Hawaii Revised Statutes (HRS), authorizes the expungement of non-conviction arrest information. Arrest records will be expunged from the arresting agency and the statewide central repository of adult criminal history record information. Records may still be retained and made available by the courts.

All adult expungements are handled by the Hawaii Criminal Justice Data Center. In Hawaii, an individual may expunge: The majority of adult felony and misdemeanor arrest records as well as criminal charges that did not result in a conviction; Convictions for first-time, drug-related offenses; and.

An expungement can take up to 120 days (approximately 4 months). You will receive a certificate when the expungement is completed. Until that time, the qualifying arrests will remain on your criminal record.

To have the court seal your court records, you must submit a written request with the court to have the records removed from judicial files and the judiciary's public database. You also must submit a Certificate of Expungement. You can obtain this document from the Department of the Attorney General.

The Clean Slate Initiative passes and implements laws that automatically clear eligible records for people who have completed their sentence and remained crime-free, and expands who is eligible for clearance.

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Hawaii Motion to Expunge Criminal Offender Record due to Charges having been Dismissed