Sealing and Expunging Criminal Records in Hawaii

In Hawaii, a sealed record is not available to the public without a court order. When a record is sealed the court preserves the data, but the information is restricted to eligible persons. However, expunged records are only available to law enforcement agencies. The Hawaii Judiciary seals juvenile records automatically when the bearer is 21 years or older. The Department of the Attorney General handles expungement via the Hawaii Criminal Justice Data Center. Expunging a record takes at least 120 days.

The Difference Between Sealing and Expunging Criminal Records

In Hawaii, sealing a record is more efficient than expunging a record. Interested persons cannot access a sealed case file without an order from the court. Expunging a record entails removing the information from the Hawaii Criminal Justice Data Center. Following the expunction of a record, bearers may deny arrests and convictions to get a job, education, or apartment. However, expungement does not remove or seal the criminal data from the Hawaii Judiciary system as law enforcement agencies can access such records. Nevertheless, if it is a non-conviction record, a record’s expungement includes removing the documents from the arresting agency.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that can be used for filtering specific or multiple record(s). To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.

How to Seal a Criminal Record in Hawaii

According to HRS § 831–3.2, interested persons can involve an attorney to assist during the record sealing process. To seal a criminal case in Hawaii, requesters have to obtain a Certificate of Expungement from the Department of the Attorney General. The process typically begins with the subject mailing a letter requesting sealing to the court that expunged the record. Submitted requests should contain the phone contact, full name, and current mailing address of the requestor. If the court judge honors the request, the requester will receive the sealing order by mail. To confirm the sealing of the criminal records, applicants may be able to check online.

What Crimes Can Be Expunged in Hawaii

In Hawaii, the expungement of criminal records is available for some offenses, such as:

• Felony and misdemeanor that did not result in a conviction
• Convictions for first time drug-related crimes as seen in §706–622.5.
• Convictions for a DUI of persons under the age of 21, according to §291E–0064(e).
• First-time property offense, following §706–622.9.

How to Expunge Criminal Records in Hawaii

The Hawaii Criminal Justice Data Center is in charge of all adult record sealing and expungements. To request expungement, complete and file the expungement form with the Hawaii Criminal Justice Data Center. The application form differs depending on the defendant’s claim.

Parties are generally advised to attach specific court documents if the expungement concerns a first-time drug conviction or a DUI. Once the applicant files the request, the Criminal Justice Data Center reviews the application and either grants or denies the expungement. The expungement process typically takes four months from the date of filing before getting a response. The filing fee for a first-time adult expungement amounts to $35. However, additional expungement applications will cost $50. The charges include a non-refundable $10 administrative fee. Parties should pay by cashier’s check or money order.

There are waiting periods for certain forms of cases. If the defendant made a deferred acceptance of guilty or no contest plea, expungement is possible one year after the court dismissed the case. If an individual faced prostitution charges and made a deferred acceptance of guilty or no contest plea, the court permits expungement four years after dismissal. If the Criminal Justice Data Center grants the petition, bearers may lawfully state that the expunged criminal record does not exist.

Do Sealed Records Show up In Hawaii Background Checks?

Yes, sealed records do appear in Hawaii background checks. Although sealed records in Hawaii are not available to the public, they may still appear during a job application process. Following HRS § 378–2.5 (also known as the Ban the Box Law), parties may inquire about criminal history after the applicant receives a conditional employment offer. Generally, the “ban-the-box law” aims to encourage employers to consider a job applicant’s credentials before disqualification based solely on criminal records.

However, certain employers are exempted and are expressly permitted to inquire into case files for employment purposes. These include schools, financial and insurance institutions, as well as armed security providers.

Who Can See Sealed Criminal Records in Hawaii?

After sealing a criminal record in Hawaii, institutions, bodies, and individuals that can still access the information on criminal records include:

• Law enforcement agencies, including the police, peace officers, and the Federal Bureau of Intelligence.
• Employers
• Hospitals
• Any organization that requires interaction with children
• Fire departments
• Security providers
• Motor vehicle agencies in Hawaii
• Mortgage licensing departments
• Licensing agencies in Hawaii

How to Obtain Sealed Records in Hawaii

Persons who wish to obtain a sealed record are generally advised to complete and submit a Request to Access Court Records form. The court clerk will duly communicate the cost of copying these documents.