The sealing of criminal history records as determined by the state of residence is known as expungement. In the state of Hawaii, any records relating to a minor’s arrest for a specific offense may be expunged. According to Hawaii statutes 571-88 and 571-72, this includes fingerprints. Any criminal records obtained as a result of an arrest for a first-time nonviolent drug offense may be expunged. Photographs, fingerprints, and arrest records of the individual charged and arrested but not convicted of the crime can be among the materials sealed and expunged. DNA records can also be deleted.
Eligibility for Expungement in Hawaii
Any arrested juvenile who meets certain requirements is eligible. The first condition is that the matter was not referred to family court or a prosecuting attorney, and that the individual was not counseled and released by the police, or that the individual was released and counseled by the police and has become an adult. According to Hawaii Statutes 571-88, the second case for eligibility is where the individual’s matter was referred to the prosecuting attorney or the family court and the court did not adjudicate the individual responsible or where the matter was dismissed with prejudice.
In Hawaii, anyone who has been dismissed and all proceedings against him or her have been dropped and was under the age of twenty at the time of the offense is eligible for expungement. Anyone who has completed probation and treatment as a first-time nonviolent drug offender may apply for expungement. Certain cases, however, do not fall under this criterion. Previous expungement of a similar offense and methamphetamine trafficking in the first and second degrees are two of these.
Anyone who has been charged and arrested for a crime but has not been convicted may apply. Individuals who were convicted of a misdemeanor or felony but the conviction was not obtained due to bail forfeiture; who did not obtain conviction due to bail forfeiture after a period of five years for the citation of a violation or petty misdemeanor; who were arrested but no conviction was obtained because the individual made prosecution impossible by being absent; and who were acquitted due to mental or physical defect under chapter
Procedure for Expungement
Anyone who has not been convicted under Hawaii Statutes 831-3.2 will have their record expunged if they file a written petition with the attorney general’s office. A written request must be submitted to release all samples from the state DNA database and data bank identification program when requesting expungement for DNA samples and profiles. A copy of the request must be sent to the trial court of the circuit where the conviction was entered, the department, and the prosecuting attorney in the county where the individual was adjudicated or convicted. Proof of service to all parties is required.