Expungement serves as a legal lifeline for individuals in Hawaii seeking to erase certain arrests and convictions from their records, paving the way for fresh opportunities in employment, housing and beyond. However, the first step to starting this new life, unburdened by past alleged wrongdoing is determining whether your arrest or conviction qualifies for expungement in our state.
Non-conviction arrests
Non-conviction arrests generally qualify for expungement. Hawaii Revised Statutes, Section 831-3.2, outlines the pathway for expunging non-conviction arrest data from both the arresting agency and the statewide criminal history repository. If you faced charges but were not convicted, you may qualify for expungement. Keep in mind that some court records may persist.
Conviction information
Under specific circumstances, the court may approve expungement of conviction data for certain offenses. While expunged from the statewide repository, this information might remain accessible through the arresting agencies and courts.
Qualifying Offenses
There are many eligible offenses for expungement. Hawaii Revised Statutes, Section 291E-0064(e) allows for expungement of underage alcohol-related driving offenses. Sections 706-622.5, 706-622.8 and 706-622.9 allow for expungement of first-time drug or property convictions meeting the designated criteria.
The process and requirements
The expungement journey in Hawaii spans about 120 days or more to complete as there are not expedited processing options for expungement. There are application fees, applicants must adhere to all prerequisites and furnish essential court documentation.
Limitations
To be clear, though, it is crucial to grasp that expungement may not seal or remove all court or traffic records. Additionally, expunged arrest records may not affect data held by federal entities like the FBI.
Conclusion
Understanding your rights and the expungement qualifications in Hawaii serves as the launchpad for reclaiming your narrative and forging ahead unencumbered by the shadows of past arrests and convictions. For those meeting the criteria, expungement heralds a chance for a brighter future.