Clearing an Arrest Record
HRS 831-3.2 — an expungement order from the attorney general for an arrest that did not end in a conviction for a crime
On written application, the attorney general issues an expungement order annulling the record of arrest for a person arrested for or charged with a crime but not convicted of one, including one convicted only of a violation.
Who handles this in Hawaii: Office of the Public Defender and Hawaii Criminal Justice Data Center; and legal aid programs, lawyer referral and the state offices, listed in the Hawaii directory.Holding a paper like this? Read my paper can read one for you, free with an account.
- Not where conviction was avoided by forfeiting bail on a felony or misdemeanor, or for five years after arrest where it was a petty misdemeanor or violation.
- Not where the person made prosecution impossible by leaving the jurisdiction.
- Not for one year after discharge under a deferred acceptance of a guilty or no contest plea.
- The person may also ask for the return of fingerprints and photographs, delivered within one hundred twenty days unless the person has a conviction record.
The person is then treated as not having been arrested, and receives a certificate allowing the statement, under oath or not, that there is no record of that arrest. The arrest records go into a confidential file, and where the order lists a court case number, the court removes that case from its public databases.
Sources for this section (1)
- HRS 831-3.2 — Expungement orders
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.