Hawaii Motion To Seal Juvenile Records

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Multi-State
Control #:
US-03332BG
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Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

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.

Clean Slate laws have been implemented in 5 states so far, including Utah, Pennsylvania, New Jersey, Oklahoma, and most recently Michigan. The impact on screenings has varied across each state, as existing technology and resources influence the impact, and states operate independently of each other.

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.

Stat. § 571- 84.6. Hawaii's Juvenile Justice Information System is used by court and law enforcement officials but is not accessible by the public.

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.

Records may still be retained and made available by the courts. If you were arrested or charged with a crime and not convicted, you may apply to have that arrest expunged from your criminal history record.

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.

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 Seal Juvenile Records