Hawaii Affidavit in Support of Motion to Order Expungement of Criminal Record

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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.

Hawaii Affidavit in Support of Motion to Order Expungement of Criminal Record is a legal document filed in the state of Hawaii to request the expungement or removal of a criminal record from public view. This affidavit is a critical piece of evidence that supports the motion for expungement by providing relevant information and compelling reasons why the record should be expunged. The Hawaii Affidavit in Support of Motion to Order Expungement of Criminal Record typically includes the following details: 1. Personal Information: It begins with the declaring's (individual seeking expungement) personal information, including their full name, date of birth, social security number, and current address. 2. Background Information: The affidavit contains a background summary of the criminal offense or case that the individual seeks to have expunged. This may include details such as the offense date, the charging agency, the case number, and the court where the case was heard. 3. Eligibility Criteria: It explicitly states the reasons why the individual qualifies for expungement based on Hawaii state laws. This may include factors like completion of probation or sentence, the nature of the offense, and the individual's behavior since the offense occurred. 4. Rehabilitation Efforts: The affidavit highlights the individual's rehabilitation efforts since the offense, emphasizing factors like completion of educational programs, community service, employment history, or references from employers, community leaders, or character witnesses. 5. Impact and Consequences: The affidavit details the adverse effects and ongoing consequences the individual faces due to the existence of their criminal record. This can include difficulties in obtaining employment, housing, educational opportunities, or even personal relationships. 6. Legal Arguments: It outlines any relevant legal arguments that support the motion for expungement, citing specific Hawaii statutes or court precedents that uphold the right to expungement under certain circumstances. 7. Supporting Documents: The affidavit may include supporting documents, such as court records, certificates of completion of rehabilitation programs, character references, or other evidence that strengthens the individual's case for expungement. Types of Hawaii Affidavits in Support of Motion to Order Expungement of Criminal Record can vary based on the specific offense or circumstances. For instance, there might be separate affidavits for misdemeanors, felonies, juvenile offenses, or specific offenses like possession of controlled substances, DUI, or non-violent crimes. It's important for individuals to consult with an attorney or refer to the Hawaii state statutes to determine the appropriate affidavit and requirements based on their situation.

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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.

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.

§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.

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.

Expungement of an arrest record is handled by the Department of the Attorney General through the Hawai?i Criminal Justice Data Center. You may also contact the Expungements section of the Department of the Attorney General at (808) 587-3348. Court records can be sealed and made confidential, through a court order.

Expungement Process Applicant submits application. ... Michigan State Police (MSP) process expungement applications. ... The Department of Attorney General's response will be processed up to three months after the Criminal History Report has been completed. Expungement hearing.

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.

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The fee for a first-time expungement is $35. ... Payment of fee must be made by cashier's check or money order made payable to the “State of Hawaii”. ... All qualifying charges will be expunged from your arrest record. The expungement process takes 120 days to complete. More items... What is an expungement? An expungement removes arrest information from the statewide central repository of adult criminal history record information.Affidavit in Support of Motion to Order Expungement of Criminal Record ... Fill or cross out fields. All the empty spaces in your Hawaii Expungement Forms and ... Non-Hearing Motion for Default Judgment; Declaration; Exhibit(s); Affidavit of Counsel Re: Attorney's Fees; Notice of Motion; Certificate of Service; Order. Dec 21, 2021 — Guide to restoration of rights, pardon, and criminal record sealing & expungement following a Hawaii criminal conviction. ... file a sworn affidavit to the effect that their records have been corrected. ... file a written request seeking a review for the purpose of expunging a record. The motion may be stated in the notice of hearing. If a motion requires the consideration of facts not appearing of record, it shall be supported by affidavit. Feb 24, 2023 — Click on a state below for information about the types of criminal records that may be expunged or sealed there, as well as forms to apply for ... An order sustaining a demurrer and granting leave to file an amended pleading by a specific time is sufficient to dispose of the claim(s) or cause(s) of action ... Feb 24, 2023 — An individual convicted of a drug crime or a minor felony can apply to have their record sealed after five years unless they have multiple prior ...

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Hawaii Affidavit in Support of Motion to Order Expungement of Criminal Record