How to Clear Your Criminal Record in Hawaii

What You Need to Know First

July 1, 2025 — Process streamlined to one step. Previously, after receiving an expungement certificate from HCJDC, you had to separately contact the court to have judiciary records removed from public databases. As of July 1, 2025, HCJDC automatically transmits expungement orders to the court. Court records are sealed automatically — no second step needed. If you received an expungement certificate before July 1, 2025, you still need to contact the court separately.

Hawaiʻi expungement is processed by the Attorney General — not the courts. For non-conviction expungements, you apply directly to the Hawaiʻi Criminal Justice Data Center (HCJDC), a division of the Attorney General's office. The HCJDC issues an expungement certificate and the process takes up to 120 days. No court petition is required for non-conviction expungements. For conviction expungements, a court order is required — apply through your county court.

Conviction expungement is very limited in Hawaiʻi. Unlike many states, Hawaiʻi does not offer broad expungement of convictions. Only specific conviction categories are eligible: under-21 DUI, first-time drug offenders, and first-time property offenders. Most felony and misdemeanor convictions cannot be expunged. The Deferred Acceptance of Guilty Plea (DAGP) program is the most powerful tool for avoiding a conviction in the first place.

Hawaiʻi has four main pathways for clearing a criminal record.

Non-Conviction Expungement

§ 831-3.2 — APPLY TO HCJDC — MANDATORY

For arrests where no conviction resulted — acquittals, dismissals, bail forfeitures, and DAGP completions. Apply directly to HCJDC. Expungement is mandatory if you qualify — the Attorney General has no discretion to deny. Takes up to 120 days. $35 first-time fee.

Conviction Expungement

§§ 706-622.5 / 706-622.9 — COURT ORDER REQUIRED

For eligible conviction categories: under-21 DUI (§ 291E-0064), first-time drug offenders (§ 706-622.5), and first-time property offenders (§ 706-622.9). A court order is required — the court grants the expungement, then HCJDC processes it. Very limited categories. Most convictions not eligible.

Deferred Acceptance of Guilty Plea (DAGP)

§ 853 — BEST PRE-CONVICTION TOOL

Plead guilty but have sentencing deferred. Complete probation requirements. Charges dismissed. After 1 year from dismissal, apply for expungement of the arrest record. Prostitution DAGP requires 3 years before expungement. Must be arranged before conviction — not after.

Marijuana Auto-Expungement Pilot

HB132 (2025) — UP TO 3 OZ, HAWAII COUNTY

State-initiated automatic expungement for marijuana possession arrest records (up to 3 oz) in Hawaiʻi County. No application needed — the AG identifies eligible records. Extended and expanded from the 2024 pilot. Contact HCJDC to check if your record qualifies.

What Can — and Can't — Be Expunged

ELIGIBLE FOR NON-CONVICTION EXPUNGEMENT

Acquittal after trial — immediately
Charges dismissed — immediately
No charges filed (no-papered) — immediately
Bail forfeiture (felony or misdemeanor) — immediately
Bail forfeiture (petty misdemeanor or violation) — after 5 years
DAGP completion (most offenses) — after 1 year from dismissal
DAGP completion (prostitution) — after 3 years from dismissal
Person absented from jurisdiction making prosecution impossible — immediately

ELIGIBLE CONVICTION CATEGORIES (COURT ORDER)

Under-21 DUI conviction (§ 291E-0064) — court order required
First-time drug offender completing probation and treatment (§ 706-622.5) — court order
First-time drug offender prior to 2004 (§ 706-622.8) — court order
First-time Class C felony property offender completing sentence (§ 706-622.9) — court order
2024 expansion: pre-2006 property offenders and under-21 DUI convictions now included

NOT ELIGIBLE FOR ANY EXPUNGEMENT

Most felony convictions
Most misdemeanor convictions
Pardoned charges — pardon notation stays on record
Convictions with guilty dispositions outside the eligible categories
DAGP dismissal — must wait the full 1-year (or 3-year) period first

LICENSING PROTECTIONS — ALL CONVICTIONS

Even without expungement, Hawaii law (§ 831-3.1) prohibits denying licenses or government jobs solely because of a conviction
Convictions more than 10 years old can only be considered if they directly relate to the job and after a rehabilitation determination
This applies even if your conviction cannot be expunged

Deferred Acceptance of Guilty Plea (DAGP) — Best Available Tool

The Deferred Acceptance of Guilty Plea (DAGP) under HRS Chapter 853 is Hawaiʻi's most powerful record relief tool — and it must be arranged before conviction. You plead guilty, but sentencing is deferred while you complete court-ordered probation requirements. Upon successful completion, the charges are dismissed. After the waiting period (1 year for most offenses, 3 years for prostitution), you can apply to HCJDC for expungement of the arrest record. If you are currently facing charges, ask your attorney about DAGP eligibility immediately.

Waiting Periods

Acquittal / dismissal / no charges filed

Immediately

Bail forfeiture — felony or misdemeanor

Immediately

DAGP completion (most offenses) — after dismissal

1 year

Bail forfeiture — petty misdemeanor or violation

5 years

DAGP completion (prostitution) — after dismissal

3 years

How to Apply — Step by Step

Processing takes up to 120 days (4 months). Hawaiʻi does not offer expedited expungement services. Applications are not accepted online — submit by mail or in person at HCJDC. You will receive a certificate by mail when complete. Status information is not provided by phone or email due to confidentiality requirements.

1

Download Form HCJDC-159

Download the expungement application (Form HCJDC-159) from the Hawaiʻi Criminal Justice Data Center at ag.hawaii.gov/hcjdc/expungements. There are different versions of the form for different types of expungements. For conviction expungements (first-time drug or property offenders), use Form HCJDC-159(b) and attach the court order.

2

Gather Supporting Documents

Gather all required documentation. For non-conviction expungements: a certified copy of the dismissal order or court disposition helps (not always required but recommended). For DAGP completions: proof of dismissal after successful completion. For conviction expungements: the court order granting expungement is required. Ensure all documents are legible official copies — uncertified photocopies may not be accepted.

3

Pay the Fee and Submit

Pay by money order or cashier's check — $35 for first-time expungement, $50 for non-first-time. Make payable to "State of Hawaii." Submit by mail to HCJDC, Attn: Expungements, 465 S. King St., Room 102, Honolulu, HI 96813. Or deposit in the drop box at the same location (weekdays only). No online submissions accepted. Expect 120 days for processing.

4

Receive Your Expungement Certificate

HCJDC mails your expungement certificate to the address on your application. The certificate states which arrests have been expunged and authorizes you to state — even under oath — that you have no record regarding that specific arrest. As of July 1, 2025, HCJDC automatically transmits expungement orders to the Judiciary for court record removal. If your expungement was granted before July 1, 2025, contact the court separately to have judiciary records sealed.

Official Forms

HCJDC — Expungement Application (Form HCJDC-159)

Official Hawaiʻi expungement application forms and FAQ from the Criminal Justice Data Center

Visit ag.hawaii.gov/hcjdc →

Hawaiʻi Judiciary — Court Record Sealing

Information on judiciary record sealing and the July 2025 one-step streamlining

Visit courts.state.hi.us →

Hawaiʻi Courts — Circuit Court Forms

Find your county circuit court for conviction expungement orders and DAGP-related petitions

Visit courts.state.hi.us →

HCJDC — Expungement FAQ

Official Hawaiʻi Criminal Justice Data Center frequently asked questions about the expungement process

Visit ag.hawaii.gov →

Helpful Resources

FREE LEGAL HELP

Legal Aid Society of Hawaiʻi

Free civil legal help for low-income Hawaiʻi residents statewide — including expungement guidance and assistance

legalaidhawaii.org →

FREE LEGAL HELP

Hawaiʻi Volunteer Legal Services

Pro bono legal help for low-income Hawaiʻi residents — contact for expungement assistance referrals

hvlshawaii.org →

HOUSING, FOOD & BENEFITS

findhelp.org

Search thousands of free and reduced-cost programs for housing, food, work, and more in your area

findhelp.org →

JOB SEARCH HELP

American Job Centers

Free job search assistance, resume help, and training — including resources for people with records

careeronestop.org →

EXPUNGEMENT INFO

HCJDC — Hawaiʻi Criminal Justice Data Center

Official expungement information, forms, and FAQ from the state agency that processes expungement applications

ag.hawaii.gov/hcjdc →

COURT RECORDS

Hawaiʻi State Judiciary

Access Hawaiʻi court records and information on court record sealing after expungement

courts.state.hi.us →

Frequently Asked Questions

What changed on July 1, 2025? +

Before July 1, 2025, getting your record fully cleared in Hawaiʻi required two separate steps: (1) apply to HCJDC and receive your expungement certificate, then (2) separately contact the court with a written request to seal or remove the judiciary records from its public online databases. As of July 1, 2025, Act 003 (2025) streamlined this to one step. HCJDC now automatically transmits expungement orders to the Judiciary, and the court seals public records without you needing to do anything separately. If you received your expungement certificate before July 1, 2025, the old two-step process still applies and you need to contact the court yourself.

What is a Deferred Acceptance of Guilty Plea (DAGP)? +

A DAGP under HRS Chapter 853 is one of the most valuable tools available in the Hawaiʻi criminal justice system for avoiding a permanent conviction. You plead guilty, but the court defers the acceptance of the plea — meaning no conviction is formally entered — while you complete a period of probation and any required conditions. Upon successful completion, the charges are dismissed. After 1 year from dismissal (or 3 years for prostitution charges), you can apply to HCJDC for expungement of the arrest record. The result is treated as a non-conviction — you can legally state you were not convicted. This must be arranged before sentencing, not after conviction.

Can I check the status of my expungement application? +

No — due to the confidentiality of expungement applications, HCJDC will not provide status information over the phone or by email. You will be notified by mail when your application is completed — or denied. The process takes up to 120 days. Keep the address on your application current since the certificate is mailed to that address. If denied, you will receive a written notice in the mail.

Does a pardon allow me to expunge my record? +

No — pardoned charges do not qualify for expungement in Hawaiʻi. If you receive a pardon, the arrest record will remain on your criminal history record with a notation of the pardon and the pardon date. A pardon relieves the legal penalties of the conviction but does not remove the record from the HCJDC database. This is one of Hawaii's more notable limitations compared to states where pardons lead to expungement.

I have a conviction that's more than 10 years old. Can it be used against me? +

Hawaiʻi has strong occupational licensing protections even for convictions that cannot be expunged. Under HRS § 831-3.1, convictions more than 10 years old (excluding any period of incarceration) can only be considered in licensing or government employment decisions if they directly relate to the specific job and after a determination supported by investigation that you have not been sufficiently rehabilitated. This is a significantly higher standard than most states apply — even if you can't expunge a conviction, its impact on your career may be substantially limited by this law.

Do I need an attorney? +

For non-conviction expungements through HCJDC — not required. The application process is administrative and mandatory if you qualify. Legal Aid Society of Hawaiʻi provides free assistance for those who qualify. For conviction expungements (first-time drug or property offenders), a court order is required and working with an attorney ensures the order is correctly obtained before submitting to HCJDC. For DAGP arrangements — which must happen before conviction — a defense attorney is essential.

After Your Record Is Expunged

After expungement in Hawaiʻi, you receive a certificate authorizing you to state — even under oath — that you have no record regarding the specific arrest. The arrest record is removed from the HCJDC statewide repository and treated as confidential.

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Employment

Expunged arrest records are removed from the statewide HCJDC repository and treated as confidential. You can legally state you have no record regarding that arrest. The expungement certificate specifically authorizes this statement even under oath. Background checks sourced from HCJDC will not show the expunged record. Private background check databases may still have old information — keep your certificate and dispute any records that appear.

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Court Records

As of July 1, 2025, HCJDC automatically transmits expungement orders to the Judiciary, which then seals or removes the applicable court records from publicly accessible electronic databases. This makes Hawaiʻi's process more complete than before. For pre-July 2025 expungements, you must still contact the court yourself to have court records removed.

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Licensing and Employment Protections

Even for convictions that cannot be expunged, Hawaiʻi's § 831-3.1 provides substantial protections. Employers and licensing boards cannot deny you solely because of a conviction. For convictions over 10 years old, the bar for using them against you is very high. Keep this law in mind even if expungement is not available for your specific conviction.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.