Expungement Attorneys in Hawaii
Expungement in Hawaii
In Hawaii if you petition for, and are granted, an expungement, like many other states, your records are not actually destroyed, instead they are just erased from electronic databases. While this prevents your criminal record from appearing in most background checks and allows you to answer “no” when asked if you have ever been accused of a crime, there is no guarantee the information will never be revealed. Hawaii law grants federal and state law enforcement agencies access to expunged records for investigations and sentencing reports, or if you are seeking a security-sensitive position.
Hawaii’s expungement law applies to arrest records only and does include limitations on who is eligible to have their records expunged:
- Juvenile arrest records are automatically sealed if you are not convicted.
- Minors never convicted can apply for expungement when you reach age 21.
- First-time offenders convicted of minor drug violations may apply if you were under the age of 21 at the time of the offense and have completed all court-order probationary or treatment requirements.
- If you were arrested but not convicted.
If you do not qualify for an expungement in Hawaii, you may still be eligible for a pardon. Pardons open the door for regaining civil or political rights such as voting, serving on juries, or possessing firearms. To apply for a pardon in Hawaii you complete an application to the state Paroling Authority. A parole officer will investigate and then forward the information to the parole board. If the parole board recommends a pardon, the Department of Public Safety and the Attorney General’s office review the case in further. Once their investigation is complete they will compile a recommendation and send to the governor, who has the sole authority to decide.