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Hawaii: Adult Diversion/Deferral Program (HI-D-1)
Records of a case dismissed after discharge and dismissal of the charge against the defendant in the case of a deferred acceptance of guilty plea or nolo contendere plea, in accordance with chapter 853, can be expunged by the attorney general one year after discharge and dismissal. Haw. Rev. Stat. § 831-3.2(a)(5).
Record Detail(s)
Completion of diversion or deferral program
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Mandatory
Hearing
No
Clearance Process
Petition-based
Remedy
Expunge
Ineligible Category or Citation
See section 853-4(a) for offenses ineligible for deferred adjudication.
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. Click here for more information.
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 one year after discharge and dismissal.
