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.
