Haw. Rev. Stat. § 571-88 deals with expunging an arrest record. A juvenile record uses this section rather than the adult petition. The statute says: “(a) The court may issue an order expunging a juvenile arrest record of a person upon written application by the person or, if the person is a minor, the minor's parent or guardian; provided the arrest was made pursuant to section 571-11(1) or (2) and the arrest record meets the…”
The petition and the sections next to it
Haw. Rev. Stat. § 831-3.2 deals with expungement orders. The statute says: “(a) The attorney general, or the attorney general's duly authorized representative within the department of the attorney general, upon written application from a person arrested for, or charged with but not convicted of a crime, or found eligible for redress under chapter 661B…”
Hawaii uses Haw. Rev. Stat. § 706-622.5 for sentencing for drug offenders; expungement. The statute says: “Notwithstanding section 706-620(3), a person convicted for the first or second time for any offense under section 329-43.”
Hawaii uses Haw. Rev. Stat. § 706-622.9 for sentencing for first-time property offenders; expungement. The statute says: “Notwithstanding section 706-620(3), a person convicted for the first time of any class C felony property offense under chapter 708 who has not previously been sentenced under section 706-606.5, section 706-622.”
Haw. Rev. Stat. § 706-622.8 deals with first-time drug offender prior to 2004; probation; expungement. The statute says: “A person sentenced prior to July 1, 2004, for a first-time drug offense, pursuant to section 706-622.5, and who otherwise meets all the requirements of section 706-622.5, may apply to the court for expungement of the record of conviction for the drug offense.”
When a different section applies
Read Haw. Rev. Stat. § 571-72 when the issue is expunging an arrest record. A juvenile record uses this section rather than the adult petition. The statute says: “(a) The juvenile division or section shall direct its attention specifically to the suppression, prevention, and investigation of crimes committed by children under the age of eighteen years, and any police officer shall have the power and authority to take and detain any minor…”
What the courts have done
Barker v. Young., 153 Haw. 144 (2023) is worth reading in full. The court treated the petitioner as someone the statute covers. The opinion puts it this way: “The term ‘crime’ is not ambiguous; under the plain language of HRS §§ 831‑3.2(a) and 701‑107(7), a violation is not a crime, so Barker is eligible for expungement of his arrest record.”
State of Hawai'i v. Lisa Ann Pali, 129 Haw. 363 (2013) is worth reading in full. The opinion puts it this way: “Yes; discharge from probation indicates compliance with the other terms and conditions for purposes of expungement.”
State v. Sarmiento, 155 Haw. 224 (2024) is worth reading in full. The opinion puts it this way: “And nothing in HRS § 831-3.2 gives the circuit court the authority to expunge Sarmiento's arrest record.”
Before you file
- Open Haw. Rev. Stat. § 571-88 and read the part on expunging an arrest record. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Hawaii county uses, then check the form against Haw. Rev. Stat. § 571-88.
- Then read Barker v. Young., 153 Haw. 144 (2023). That is a Hawaii court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Hawaii?
Read Haw. Rev. Stat. § 571-88 when the issue is expunging an arrest record. A juvenile record uses this section rather than the adult petition. The statute says: “(a) The court may issue an order expunging a juvenile arrest record of a person upon written application by the person or, if the person is a minor, the minor's parent or guardian; provided the arrest was made pursuant to section 571-11(1) or (2) and the arrest record meets the…”
How have Hawaii courts ruled on expungement?
Barker v. Young., 153 Haw. 144 (2023) The court treated the petitioner as someone the statute covers. “The term ‘crime’ is not ambiguous; under the plain language of HRS §§ 831‑3.2(a) and 701‑107(7), a violation is not a crime, so Barker is eligible for expungement of his arrest record.”
Hawaii clerks still control the form and the fee. Haw. Rev. Stat. § 571-88 is the statewide rule on who may ask and what the order does.