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Hawaii: Adult Diversion/Deferral Program (HI-D-3)
Records of a prostitution case dismissed following successful completion of pre-adjudication probation may be expunged by the attorney general three years after discharge and dismissal. Haw. Rev. Stat. § 712-1200(4)(c).
Record Detail(s)
Completion of diversion or deferral program
Previous Conviction Disqualifying
Potentially, see statute
Mandatory / Discretionary
Mandatory
Hearing
No
Clearance Process
Petition-based
Remedy
Expunge
Ineligible Category or Citation
See section 853-4(a) for ineligible offenses.
Procedure General
A written request must be submitted to the Attorney General for an expungement order and the return of fingerprints and photographs. For the specific procedure, see Haw. Rev. Stat. § 831-3.2.
Records that have been expunged pursuant to an attorney general's expungement order can be sealed by the court.
Fees
There is no statutory language regarding fees.
Effect
The petitioner is treated as not having been arrested and law enforcement records are made confidential. The expungement certificate authorizes the petitioner to say that they have no record regarding the specific arrest, whether or not under oath. Haw. Rev. Stat. §§ 831-3.2(b)-(e).
Waiting Periods
The petition can be filed three years after discharge and dismissal.
