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Expungement, expungement order, or deferred acceptance of guilty plea (dag) in Hawaii

Can I clear my record in Hawaii?

In Hawaii, most record clearing is for arrests and charges that didn't end in a conviction: the Attorney General's Criminal Justice Data Center expunges them on written application for $35 ($50 after a first expungement).

You have to apply

How did your case end?

Pick the one that matches. We'll show the routes Hawaii law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Charges dismissed after a deferred acceptance of guilty or no contest plea can be expunged 1 year after discharge. Most convictions can't be expunged; the exceptions are narrow, such as drug possession felonies or first-time property felonies after court-ordered treatment, marijuana possession of 3 grams or less, and an under-21 alcohol driving violation. Hawaii has no automatic Clean Slate law; a task force's final report is due before the 2027 session.1,2,3,4

Checked October 22, 2026 against 36 sources, starting with Hawaii law, then by a second reader.

What it's called
Expungement, expungement order, or deferred acceptance of guilty plea (dag)1,2,3
Automatic clearing
No, you have to apply19,20,25
DUI or DWI
Sometimes10,12,23
Filing fee
$351,2,3
Fee waiver
Available1,2,3

Expungement

Expungement of arrest records (no conviction)

The Attorney General issues an expungement order that annuls, cancels and rescinds the arrest record. The person is treated as not having been arrested in all respects not otherwise provided for, and arrest records held by state and county law enforcement are moved to a confidential file. That file can be opened only for a court preparing a presentence report, a government agency considering the person for a job directly affecting national or state security, or law enforcement acting within its duties; any other inquiry gets the same answer as for someone with no arrest record (HRS § 831-3.2(b)-(d)). The certificate lets the person say, under oath or not, that they have no record of that arrest, without risk of perjury, a lawsuit, being fired or other adverse action (§ 831-3.2(e)). Since July 1, 2025, orders that list a court case number are sent to the Judiciary, which seals or removes the case from its public electronic databases, unless the case also has a charge that wasn't expunged or a co-defendant who hasn't had an expungement (§ 831-3.2(f); Act 3 of 2025).1,2,3

What it's for: Arrests and charges that did not end in a conviction for a crime, including dismissals, acquittals, completed deferred pleas, and (since June 25, 2026) charges for a crime that ended in a conviction only for a non-criminal violation.

Who can use it

  • A person arrested for, or charged with but not convicted of, a crime (HRS § 831-3.2(a)).
  • A person arrested for or charged with a crime but convicted only of a violation, which is not a crime under Hawaii law (added by Act 152 of 2026, effective June 25, 2026, following Barker v. Young, 153 Haw. 144 (2023)).
  • A person found eligible for redress (wrongful conviction compensation) under HRS chapter 661B (§ 831-3.2(a)).
  • A person whose charge was dismissed after a deferred acceptance of guilty or no contest plea, once 1 year has passed since discharge (§ 831-3.2(a)(5); § 853-1(e)), or 3 years for a deferred prostitution charge (§ 712-1200(4)(c)).

What doesn't qualify

  • Felony or misdemeanor arrests where no conviction was obtained because bail was forfeited (§ 831-3.2(a)(1)).
  • Petty misdemeanor or violation arrests or citations ending in bail forfeiture, until 5 years have passed (§ 831-3.2(a)(2)).
  • Cases where no conviction was obtained because the person made prosecution impossible by leaving the jurisdiction (§ 831-3.2(a)(3)).
  • People involuntarily hospitalized under § 706-607, or acquitted or whose charges were dismissed under chapter 704 because of a physical or mental disease, disorder or defect (§ 831-3.2(a)(4)).
  • Charges with no final disposition yet (Data Center FAQ).
  • Convictions for crimes, unless a court has ordered a conviction expunged under a specific statute (Data Center FAQ). A pardon does not make a charge eligible; the pardon is noted on the record instead.
  • A citation or summons with no arrest or booking: the Data Center says there is no arrest record to expunge.

How long you have to wait

RecordWaiting period
Dismissal, acquittal or other non-conviction endingNone once the case has a final disposition
Charge dismissed after a deferred acceptance of guilty or no contest plea1 year after discharge and dismissalHRS §§ 831-3.2(a)(5), 853-1(e).
Prostitution charge (§ 712-1200) dismissed after a deferred plea3 years after dischargeHRS § 712-1200(4)(c); Act 176 of 2019 cut this wait from 4 years to 3. The Data Center's application form and FAQ say 3 years; its main Expungements page still says 4 years.
Petty misdemeanor or violation ending in bail forfeiture5 years after arrest or citationHRS § 831-3.2(a)(2). Felony and misdemeanor bail forfeitures can't be expunged.

How to apply

  1. Look up your case dispositions on the Judiciary's eCourt Kokua; a certified copy of a dismissal order isn't required for a non-conviction expungement, but the Data Center says it helps.
  2. Fill out the Expungement Application (Form HCJDC 159(b)) and attach a copy of a valid government-issued photo ID.
  3. Include a cashier's check or money order for the fee and a self-addressed stamped envelope.
  4. Mail it to the Hawaii Criminal Justice Data Center, Attn: Expungement, 465 South King Street, Room 102, Honolulu, HI 96813, or drop it in the drop box in Room 102. The Data Center doesn't give status updates by phone or email; it notifies applicants by mail if denied.
  5. If you received or applied for your expungement certificate before July 1, 2025, send a written request to the court to seal or remove the court record; the Judiciary says this second step is still needed in those cases.
Where to file
Hawaii Criminal Justice Data Center (Department of the Attorney General), Honolulu.
Cost
The Hawaii Criminal Justice Data Center charges $35 for a first-time expungement and $50 for a later one; $10 of the fee is a non-refundable processing fee, and the rest is refunded if the application is denied. A duplicate certificate costs $20. Pay by cashier's check or money order issued in the United States, payable to "State of Hawaii"; personal and business checks are not accepted.
Court hearing
No
How long it takes
Up to 120 days; expedited service is not available. The certificate is mailed to you. Fingerprints and photographs you ask to have returned are delivered within 120 days, unless you have a conviction record or are a fugitive (§ 831-3.2(a)).

Official forms

Dismissal

Deferred acceptance of guilty or no contest plea (DAG/DANC), then expungement

The court accepts a guilty or no contest plea but does not enter a judgment of guilt and puts the case on hold with conditions. If the person completes the deferral period and follows the conditions, the court discharges them and dismisses the charge. The dismissal is without adjudication of guilt, eliminates any civil admission of guilt and is not a conviction (HRS § 853-1(c)-(d)). One year after discharge the person may apply to the Attorney General to expunge the arrest record (§ 853-1(e)). If a condition is violated, the court may enter a conviction and sentence (§ 853-3).5,10,11

What it's for: Felony, misdemeanor and petty misdemeanor charges where the court agrees, before trial, to defer accepting the plea; it has to be asked for while the case is open.

Who can use it

  • A defendant who voluntarily pleads guilty or no contest before trial starts to a felony, misdemeanor or petty misdemeanor (§ 853-1(a)(1)).
  • The court must find the person is not likely to commit crimes again and that justice and the welfare of society don't require the penalty now; it considers any recommendation from the prosecutor and needs the defendant's consent (§ 853-1(a)).
  • Misdemeanor or petty misdemeanor abuse of a family or household member can get a deferred acceptance of guilty plea if the person has no prior conviction, or has never had a deferred plea for a charge under § 709-906 (§ 709-906(18), added by Act 19 of 2020). That provision was set to end June 30, 2026. Act 192 of 2026 (approved July 7, 2026; its text says it takes effect June 29, 2026) extends it through June 30, 2031, but Act 151 of 2026 changed the same sunset in a different way, and we found no official source reconciling the two.

What doesn't qualify

  • Offenses involving killing another person, or conspiracy or solicitation to kill or cause serious bodily injury (§ 853-4(a)(1), (3)).
  • Felonies involving intentional, knowing or reckless bodily injury, and misdemeanors or petty misdemeanors with a mandatory minimum that involve such injury (§ 853-4(a)(2)).
  • Class A felonies and nonprobationable offenses, such as OVUII (§ 853-4(a)(4)-(5)).
  • Anyone with a prior felony conviction in any jurisdiction, or a juvenile adjudication for a felony-level offense (§ 853-4(a)(6)-(8)).
  • Offenses where a firearm was used, or distribution of drugs to a minor (§ 853-4(a)(9)-(10)).
  • A felony charge if the person ever had a prior deferred plea, or a misdemeanor charge while a prior deferral period is still running (§ 853-4(a)(11)-(12)).
  • Listed offenses, including escape, promoting prison contraband, bail jumping, bribery, witness or juror intimidation, promoting prostitution, abuse of a family or household member (outside § 709-906(18)), second- and third-degree sexual assault, violating a chapter 586 protective order, promoting child abuse, electronic enticement of a child, commercial sexual exploitation offenses, some privacy offenses, habitual OVUII, first- and second-degree promoting gambling, and some campaign-spending offenses (§ 853-4(a)(13)-(14)).
  • Commercial driver's license holders charged with a traffic law violation other than parking (§ 853-4(a)(15)).
  • A second prostitution offense (§ 712-1200(4)(b)).

How long you have to wait

RecordWaiting period
Expungement after a completed deferral (most charges)1 year after discharge and dismissalHRS §§ 853-1(e), 831-3.2(a)(5).
Expungement after a completed deferral for prostitution (§ 712-1200)3 years after dischargeHRS § 712-1200(4)(c).

How to apply

  1. While the case is open and before trial, the defendant, the prosecutor or the court can move for a deferred acceptance of the plea (§ 853-2). Talk with your defense attorney or the public defender.
  2. Complete the deferral period and every condition the court sets (conditions can be any probation condition under § 706-624). A petty misdemeanor deferral can't last more than 1 year.
  3. After the court discharges you and dismisses the charge, wait 1 year (3 years for prostitution), then apply to the Hawaii Criminal Justice Data Center with Form HCJDC 159(b) to expunge the arrest record.
Where to file
The court handling the criminal case (District Court or Circuit Court); the later expungement goes to the Hawaii Criminal Justice Data Center.
Cost
The court must impose a compensation fee (HRS § 351-62.6) and a probation services fee (§ 706-648) as conditions of the deferral, but must waive them if it finds the person can't pay (§ 853-1(b)). The later expungement application costs $35 for a first-time expungement or $50 for a later one.
If you can't pay
You can ask to file without paying. The court waives the compensation and probation services fees if it finds the defendant unable to pay (§ 853-1(b)). We found no waiver for the Data Center's expungement fee.
Court hearing
Yes
How long it takes
The deferral lasts as long as the court sets, up to the maximum sentence (up to 1 year for a petty misdemeanor); expungement can be requested 1 year after discharge and takes up to 120 days.

Official forms

Expungement

Expungement after treatment probation for a drug possession felony

The sentencing court issues an order expunging the record of conviction for that offense (HRS § 706-622.5(4)). The Data Center then removes the conviction from the statewide criminal history repository; it says the arresting agency and the courts may still keep and release their records.6,16,17

What it's for: Felony drug possession or drug paraphernalia convictions where the person was sentenced to probation with substance abuse treatment under § 706-622.5 (or before July 1, 2004 under the same rules, § 706-622.8).

Who can use it

  • A first or second conviction for a felony drug possession or use offense under part IV of chapter 712, or drug paraphernalia under § 329-43.5, sentenced to probation with substance abuse treatment under § 706-622.5(1)-(2). The court must have found the person nonviolent, a certified counselor must have assessed a need for treatment, and the person must have had a treatment plan.
  • The person completed the treatment program and the other terms of probation; the court then must issue the order on written application by the person or a probation officer (§ 706-622.5(4)).
  • People sentenced for a first-time drug offense before July 1, 2004 who meet the same requirements can apply under § 706-622.8.

What doesn't qualify

  • Drug distribution or manufacturing offenses, and methamphetamine offenses under §§ 712-1240.7, 712-1240.8 (as in effect before July 1, 2016), 712-1241 and 712-1242 (§ 706-622.5(1)).
  • Anyone who already received an expungement under § 706-622.5(4) or § 706-622.8: it is available one time only (§§ 706-622.5(4), 706-622.8).
  • People who did not complete treatment or the other probation terms.

How long you have to wait

RecordWaiting period
Drug possession felony sentenced under § 706-622.5After completing treatment and probation

How to apply

  1. File a written application with the court that sentenced you (a probation officer can also apply), showing you completed treatment and probation.
  2. Get a copy of the court's order granting expungement of the conviction.
  3. Send Form HCJDC 159(b), a copy of the court order, a copy of your photo ID, the fee and a self-addressed stamped envelope to the Hawaii Criminal Justice Data Center. Applications without the court order are denied.
Where to file
The Circuit Court that imposed the sentence, then the Hawaii Criminal Justice Data Center.
Cost
We found no court filing fee listed for the written application. The Data Center charges $35 for a first-time expungement or $50 for a later one (including a $10 non-refundable fee).
How long it takes
Data Center processing takes up to 120 days after it receives the court order.

Official forms

Expungement

Expungement after probation for a first-time class C felony property offense

The sentencing court issues an order expunging the record of conviction for that offense (HRS § 706-622.9(3)). After the court order, the Data Center removes the conviction from the statewide criminal history repository only; the Data Center says the arresting agency and the courts may still keep and release their records.6,7,18

What it's for: A first class C felony property offense (HRS chapter 708) tied to substance abuse, where the person was sentenced to probation with treatment under § 706-622.9.

Who can use it

  • A first conviction for a class C felony property offense under chapter 708, with no prior sentence under §§ 706-606.5, 706-622.5 or 706-622.9, sentenced to probation with substance abuse treatment after the court found the person nonviolent, assessed as needing treatment, motivated, and that the offense was related to substance abuse (§ 706-622.9(1)-(2)).
  • The person completed treatment and the other probation terms; the court then must issue the order on written application by the person or a probation officer (§ 706-622.9(3)).
  • People sentenced before June 22, 2006 for a class C felony property offense who would have qualified can apply if they complied with the sentence, have no felony conviction before or after, and the court finds them currently nonviolent (§ 706-622.9(4)).

What doesn't qualify

  • Anyone previously convicted of a felony in Hawaii or another jurisdiction (§ 706-622.9(3)).
  • Property offenses above class C, or offenses outside chapter 708.
  • A second expungement under the pre-2006 route (§ 706-622.9(4)).

How long you have to wait

RecordWaiting period
Class C felony property offense sentenced under § 706-622.9After completing treatment and probation

How to apply

  1. File a written application with the sentencing court (a probation officer can also apply).
  2. Get a copy of the court's order granting expungement of the conviction.
  3. Send Form HCJDC 159(b) with the court order, a copy of your photo ID, the fee and a self-addressed stamped envelope to the Hawaii Criminal Justice Data Center.
Where to file
The Circuit Court that imposed the sentence, then the Hawaii Criminal Justice Data Center.
Cost
We found no court filing fee listed for the written application. The Data Center charges $35 for a first-time expungement or $50 for a later one (including a $10 non-refundable fee).
How long it takes
Data Center processing takes up to 120 days after it receives the court order.

Official forms

Expungement

Expungement of a marijuana possession conviction (3 grams or less)

On the person's motion, the court must grant an expungement order for the conviction (HRS § 706-622.5(5)). After the court order, the Data Center removes the conviction from the statewide criminal history repository only; the Data Center says the arresting agency and the courts may still keep and release their records.16,19,20

What it's for: Convictions under § 712-1249 for possessing 3 grams or less of marijuana, when nothing else was charged from the same facts.

Who can use it

  • A conviction for possession of marijuana under § 712-1249 for 3 grams or less, arising from facts that led to no other criminal charge (§ 706-622.5(5), added by Act 273 of 2019).

What doesn't qualify

  • Possession of more than 3 grams, or cases with any other charge from the same incident.
  • Sale, distribution or other marijuana offenses.

How long you have to wait

RecordWaiting period
Marijuana possession conviction, 3 grams or lessNone stated

How to apply

  1. File a motion for an expungement order in the court where you were convicted.
  2. Get a copy of the order granting expungement of the conviction.
  3. Send Form HCJDC 159(b) with the court order, a copy of your photo ID, the fee and a self-addressed stamped envelope to the Hawaii Criminal Justice Data Center.
Where to file
The court of conviction (usually District Court), then the Hawaii Criminal Justice Data Center.
Cost
We found no court filing fee listed for the motion. The Data Center's application lists a $35 first-time or $50 later expungement fee (including a $10 non-refundable fee).

Official forms

Expungement

Conditional discharge for a first drug possession, with expungement for people 20 or younger

Under conditional discharge, the court places the person on probation without entering a judgment of guilt; when the terms are met, the case is dismissed, and that dismissal is not a conviction (HRS § 712-1255). If the person was 20 or younger at the time of the offense, the court, after a hearing, orders all official records of the arrest, charge, trial, finding of guilt and dismissal expunged. The person is restored to the status they had before the arrest and can't be found guilty of perjury or a false statement for not mentioning it (§ 712-1256).15,21,22

What it's for: First-time drug possession charges under §§ 712-1243 to 712-1250 that ended in conditional discharge; full expungement is limited to people who were 20 or younger at the time.

Who can use it

  • A person never before convicted of any offense under chapter 712 (offenses against public health and morals, which include drug and prostitution offenses) or chapter 329, or of a drug offense under federal or another state's law, who pleads or is found guilty of possessing a dangerous, harmful or detrimental drug or an intoxicating compound under §§ 712-1243, 712-1245, 712-1246, 712-1248, 712-1249 or 712-1250 (§ 712-1255(1)). Since September 1, 2026, Act 151 of 2026 adds the new misdemeanor of possessing a dangerous drug in the second degree to this list.
  • The person completed the conditions and the court discharged them and dismissed the case (§ 712-1255(2)).
  • For the court expungement order: the person was not over 20 years old at the time of the offense (§ 712-1256(1)-(2)).

What doesn't qualify

  • Anyone who already had a conditional discharge: only one is allowed per person (§ 712-1255(4)).
  • People previously convicted of any chapter 712 or chapter 329 offense, or of a drug offense under federal or another state's law (§ 712-1255(1)).
  • People 21 or older at the time of the offense can't use § 712-1256; HRS § 831-3.2 covers arrests that did not end in a conviction, but the Data Center's pages don't say how it treats conditional discharges.

How long you have to wait

RecordWaiting period
Conditional discharge dismissal (age 20 or younger at offense)After discharge and dismissal

How to apply

  1. Ask for conditional discharge while the case is open (the accused must consent), then complete the probation terms.
  2. After the dismissal, apply to the court that handled the case for an order expunging the records; the court holds a hearing.
Where to file
The court that handled the drug case.
Cost
We found no fee listed for the application to the court.
Court hearing
Yes

Expungement

Expungement of an under-21 measurable-alcohol driving violation

The court issues an expungement order for the violation (HRS § 291E-64(e)). After the court order, the Data Center removes the conviction from the statewide criminal history repository only; the Data Center says the arresting agency and the courts may still keep and release their records.6,7,23

What it's for: A first violation for driving under age 21 with a measurable amount of alcohol (a violation, not a crime, under § 291E-64).

Who can use it

  • A first-time violation under § 291E-64(b)(1) (or former § 291-4.3) with no prior alcohol enforcement contacts (§ 291E-64(e)).
  • The person is now 21 or older, completed the sentence and has had no later alcohol- or drug-related enforcement contacts.

What doesn't qualify

  • Holders of a commercial driver's license or commercial learner's permit, and people convicted while driving a commercial vehicle or carrying hazardous materials (§ 291E-64(e)).
  • Adult OVUII (driving under the influence) convictions under § 291E-61; no Hawaii statute we found allows these to be expunged.

How long you have to wait

RecordWaiting period
First under-21 measurable-alcohol violationUntil age 21 and the sentence is complete

How to apply

  1. Apply to the court that handled the violation for an expungement order.
  2. Send Form HCJDC 159(b) with the court order, a copy of your photo ID, the fee and a self-addressed stamped envelope to the Hawaii Criminal Justice Data Center.
Where to file
The District Court that handled the case, then the Hawaii Criminal Justice Data Center.
Cost
We found no court filing fee listed for the application. The Data Center charges $35 for a first-time expungement or $50 for a later one (including a $10 non-refundable fee).
How long it takes
Data Center processing takes up to 120 days after it receives the court order.

Official forms

Vacating a conviction

Vacating a prostitution conviction

The court vacates (cancels) the conviction (HRS § 712-1209.6).24

What it's for: Convictions for prostitution (§ 712-1200), loitering for prostitution (§ 712-1206(2)), street prostitution in designated areas (§ 712-1207(1)(a) or (2)(a)), or a lesser offense when one of those was the original charge.

Who can use it

  • No conviction for any Hawaii Penal Code offense within 3 years after the date of the original conviction (§ 712-1209.6(1)).

What doesn't qualify

  • Anyone convicted of any Penal Code offense in the 3 years after the original conviction.
  • Other offenses, such as promoting prostitution or commercial sexual exploitation.

How long you have to wait

RecordWaiting period
Prostitution-related conviction3 years after the conviction with no new Penal Code conviction

How to apply

  1. File a motion to vacate the conviction in the court where you were convicted.
  2. The court holds a hearing to review your record for the 3 years after the conviction; if there's no new Penal Code conviction, the court must vacate it.
Where to file
The court of conviction.
Cost
We found no fee listed for the motion.
Court hearing
Yes

Automatic clearing

Hawaii does not automatically clear records; every expungement needs an application. Act 62 of 2024 ran a state-initiated pilot in which the Attorney General expunged, without an application or fee, single-charge § 712-1249 possession arrests made before January 11, 2020 in a county with 200,000 to 500,000 people that ended without a conviction; Act 5 of 2025 extended it to Schedule V possession. The pilot ended on October 1, 2025. Act 241 of 2024 created a Clean Slate Expungement Task Force, attached to the Judiciary, to develop a state-initiated record clearing program; its final report is due 40 days before the 2027 session and it dissolves on June 1, 2027. Its December 2025 report said it was still exploring a state-initiated program. Since July 1, 2025, Act 3 of 2025 has the Data Center send expungement orders to the Judiciary, which then removes the case from its public databases without a separate request.3,6,19,20,25,26

DUI and DWI records in Hawaii

Adult OVUII (operating a vehicle under the influence of an intoxicant) convictions can't be expunged: we found no statute that allows it, and the Data Center's list of convictions that can be expunged doesn't include OVUII. OVUII is also sentenced 'without possibility of probation or suspension of sentence' (§ 291E-61(b)), which makes it nonprobationable and so ineligible for a deferred acceptance of guilty or no contest plea (§ 853-4(a)(5)). Habitual OVUII is listed separately as ineligible (§ 853-4(a)(13)(CC)). The narrow exception is the separate under-21 offense of driving with a measurable amount of alcohol (§ 291E-64): a first violation can be expunged by court order once the person is 21, if the sentence is complete and there were no later alcohol or drug contacts, except for commercial license or permit holders (§ 291E-64(e)). An OVUII arrest that ended without a conviction for a crime can be expunged through the Data Center (§ 831-3.2). We did not confirm how expungement affects the driver's license record (traffic abstract) or administrative license revocation records.1,6,7,10,12,23

Arrests and dismissed charges

Arrests and charges that did not end in a conviction for a crime are expunged by the Attorney General's Hawaii Criminal Justice Data Center on written application (HRS § 831-3.2), for $35 the first time and $50 after that, in up to 120 days. Act 152 of 2026 (effective June 25, 2026) added people who were charged with a crime but convicted only of a violation. Charges dismissed after a deferred acceptance of guilty or no contest plea qualify 1 year after discharge (3 years for prostitution). Bail forfeitures in felony and misdemeanor cases, cases where the person left the jurisdiction, and insanity-related dismissals or acquittals can't be expunged; petty misdemeanor or violation bail forfeitures wait 5 years. Expungement removes the arrest from the arresting agency and the statewide repository, and since July 1, 2025 the order is also sent to the Judiciary, which removes the case from its public databases unless other charges or co-defendants in the case weren't expunged.1,2,3,6,8,9

Marijuana records

A conviction for possessing 3 grams or less of marijuana under § 712-1249, with no other charge from the same facts, must be expunged by the court on the person's motion (HRS § 706-622.5(5), added by Act 273 of 2019). The Legislature's findings in Act 62 of 2024 say Act 273 also decriminalized possession of 3 grams or less. Other marijuana possession arrests that did not end in a conviction can be expunged through the Data Center like any non-conviction. A state-initiated pilot that expunged some old marijuana and Schedule V possession arrests without an application (Act 62 of 2024 and Act 5 of 2025) covered only arrests in a county with a population between 200,000 and 500,000, and it ended October 1, 2025.16,19,20

What employers can see afterward

Hawaii law protects people with records in private hiring. 'Arrest and court record' is a protected category under the state employment discrimination law (HRS § 378-2), which covers employers with one or more employees (§ 378-1). Employers may ask about and consider convictions only after a conditional job offer, only if the conviction is rationally related to the job, and only for felony convictions in the most recent 7 years and misdemeanor convictions in the most recent 5 years, not counting time in prison (§ 378-2.5(a)-(c)). Arrests that didn't lead to conviction aren't covered by that permission. Employers that another law allows to check criminal history, such as schools, financial institutions, security firms and insurers, are exempt from the timing and look-back limits (§ 378-2.5(d)). An expungement certificate lets a person say they have no record of the expunged arrest without risk of being fired or other adverse action (§ 831-3.2(e)). State and county agencies may not rely on expunged convictions when they refuse, suspend or revoke a public job, license or permit (§ 831-3.1(b)-(c)), although some agencies and positions are exempt from that section (§ 831-3.1(f)).1,27,28,29,30

Free help in Hawaii

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.32,33,34
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.35,36

This page explains Hawaii's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Hawaii?" https://secondchanceindex.com/record-clearing/hawaii, checked October 22, 2026.

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Sources

Each source was opened and checked on October 22, 2026.

  1. HRS § 831-3.2
  2. Gov. Msg. No. 1253 and Act 152 (2026), H.B. 2279 C.D. 1, Relating to Expungement Orders (approved June 25, 2026)Hawaii State Legislature
  3. Act 3, Session Laws of Hawaii 2025 (H.B. 145), Relating to ExpungementHawaii State Legislature
  4. HRS § 712-1200. Prostitution (subsection (4)(c): 3-year wait for expungement after a deferred plea)Hawaii State Legislature
  5. HRS § 853-1. Deferred acceptance of guilty plea or nolo contendere plea; discharge and dismissal, expungement of recordsHawaii State Legislature
  6. ExpungementsHawaii Criminal Justice Data Center, Department of the Attorney General
  7. Expungement Frequently Asked QuestionsHawaii Criminal Justice Data Center, Department of the Attorney General
  8. Expungement Application, Form HCJDC 159(b) (Rev. 06/03/2026)Hawaii Criminal Justice Data Center, Department of the Attorney General
  9. Expunging Hawai'i Arrest Records and Removing Court RecordsHawaii State Judiciary
  10. HRS § 853-4. Chapter not applicable; whenHawaii State Legislature
  11. HRS § 709-906. Abuse of family or household members; penalty (subsection (18): deferred pleas)Hawaii State Legislature
  12. HRS § 291E-61. Operating a vehicle under the influence of an intoxicantHawaii State Legislature
  13. H.B. 1959 C.D. 1 (2026), Relating to Domestic Violence (Act 192, 2026; approved July 7, 2026; text sets an effective date of June 29, 2026)Hawaii State Legislature
  14. HB1959 (2026) status feed: Act 192, approved July 7, 2026 (Gov. Msg. No. 1294)Hawaii State Legislature
  15. S.B. 2721 C.D. 1 (2026), Relating to the Administration of Justice (Act 151, 2026; Part XI, effective June 29, 2026, amends the Act 19 (2020) sunset)Hawaii State Legislature
  16. HRS §§ 706-622.5(4), 706-622.8
  17. HRS § 706-622.8. First-time drug offender prior to 2004; probation; expungementHawaii State Legislature
  18. HRS § 706-622.9
  19. Act 62, Session Laws of Hawaii 2024 (H.B. 1595), Relating to Expungement (state-initiated pilot project)Hawaii State Legislature
  20. Act 5, Session Laws of Hawaii 2025 (H.B. 132), Relating to ExpungementHawaii State Legislature
  21. HRS §§ 712-1255, 712-1256
  22. HRS § 712-1255. Conditional dischargeHawaii State Legislature
  23. HRS § 291E-64(e)
  24. HRS § 712-1209.6
  25. Act 241, Session Laws of Hawaii 2024 (S.B. 2706), Relating to Expungement of Criminal Records (Clean Slate Expungement Task Force)Hawaii State Legislature
  26. Judiciary Comm. No. 9 (2026): Report of the Clean Slate Expungement Task Force (December 2025)Hawaii State Judiciary, via Hawaii State Legislature
  27. HRS § 378-1. Definitions (arrest and court record; employer)Hawaii State Legislature
  28. HRS § 378-2. Discriminatory practices made unlawfulHawaii State Legislature
  29. HRS § 378-2.5. Employer inquiries into conviction recordHawaii State Legislature
  30. HRS § 831-3.1. Prior convictions; criminal records; noncriminal standardsHawaii State Legislature
  31. Press release: Nearly 120 People at Waianae Public Library Receive Free Legal Help to Expunge Arrest Records and Recall Bench Warrants (Sept. 29, 2024)Hawaii State Judiciary
  32. List of consumer reporting companiesConsumer Financial Protection Bureau
  33. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  34. Employer Background Checks and Your RightsFederal Trade Commission
  35. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  36. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)