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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
An “expungement” of your record is the way a record of criminal conviction might be destroyed or, in some cases, simply “sealed” after a passage of time. Hawaiian law is somewhat unusual among all the states, since Hawaiian law is for an “arrested person (not) convicted or in the event of unlawful arrest.” Hawaii also has special rules if the arrest was of a juvenile (under age 21 in Hawaii), or someone” not legally responsible,” or as the result of a false arrest, or if it was a first time, non-violent drug arrest (http://law.justia.com/ codes/ hawaii/2009/volume-14/title-37/chapter-706/hrs-0706-0622-0005-htm/).
The entire process can be accomplished in 120 days.
Getting an expungement in one state does not change another state’s records. Each state, or the federal government, will decide its own guidelines regarding which records may be expunged and under which circumstances, including whether an expungement may be granted at all. For example, some states and jurisdictions only allow sealing… which means the access to records is restricted, but not actually destroyed. Once your arrest records have been expunged (actually destroyed), you do have a right to answer any question or inquiry from almost anyone (one exception may be if you apply for work with a law enforcement agency or some school jobs) that you honestly have no arrest record.
But be careful that your response is limited only to the specific records and incidents, which have been expunged. Here’s a place to check on what records may exist, listing your arrest(s) in Hawaii: http://ag.hawaii.gov/hcjdc/.
The process can be done with or without a lawyer. If you are putting off doing anything about the expungement based on being able to afford a lawyer, try getting some low-cost or free help from legal aid, http://www.legalaidhawaii.org/, or through a program of the Hawaiian Bar…http://www.hsba.org/Legal_Assistance_List.aspx , including the “legal help” phone line, (808) 537-1868.
Finally, if you cannot get free legal help, you might try handling the matter yourself. Here’s a link to the forms you need: http://ag.hawaii.gov/hcjdc/files /2012/12/ exp _appl_form_new_fees_fillable_2012-06-27.pdf.
Expungement In Hawaii Where “No Conviction”
Expungement is different, not only among the states that allow it, but also between the specific agency that has reasons to permanently keep records of arrests. In Hawaii, the expungement process is from Section 831-3.2, in Hawaii Revised Statutes. So the general rule is that a Hawaiian expungement allows an expungement of arrest records only in cases where there was no conviction.
Be Sure To Get All Records And Information, Included In The Conviction Process
Hawaiian has recently added a section to the law, addressing the growing reality of digital images in an arrest packet. As part of an application for your expungement, you should ask for the return of your fingerprints and photographs.
Once your expungement order has been granted, you’ll receive an Expungement Certificate. The Certificate lists the specific records of your arrest that have been expunged. Carefully look over all the data mentioned in the Certificate: be cure it includes images from the booking. You will also want to be sure you send a copy of the Certificate to all the jurisdictions involved in the arrest. After a year, check back and be sure the information has in fact been expunged.
If your expungement is not granted, Hawaii has another possibility…a Governor’s pardon. http://www.papillonfoundation.org/images/Hawaii_Pardon_Application.pdf
An “expungement” of your record is the way a record of criminal conviction might be destroyed or, in some cases, simply “sealed” after a passage of time. Hawaiian law is somewhat unusual among all the states, since Hawaiian law is for an “arrested person (not) convicted or in the event of unlawful arrest.” Hawaii also has special rules if the arrest was of a juvenile (under age 21 in Hawaii), or someone” not legally responsible,” or as the result of a false arrest, or if it was a first time, non-violent drug arrest (http://law.justia.com/ codes/ hawaii/2009/volume-14/title-37/chapter-706/hrs-0706-0622-0005-htm/).
The entire process can be accomplished in 120 days.
Getting an expungement in one state does not change another state’s records. Each state, or the federal government, will decide its own guidelines regarding which records may be expunged and under which circumstances, including whether an expungement may be granted at all. For example, some states and jurisdictions only allow sealing… which means the access to records is restricted, but not actually destroyed. Once your arrest records have been expunged (actually destroyed), you do have a right to answer any question or inquiry from almost anyone (one exception may be if you apply for work with a law enforcement agency or some school jobs) that you honestly have no arrest record.
But be careful that your response is limited only to the specific records and incidents, which have been expunged. Here’s a place to check on what records may exist, listing your arrest(s) in Hawaii: http://ag.hawaii.gov/hcjdc/.
The process can be done with or without a lawyer. If you are putting off doing anything about the expungement based on being able to afford a lawyer, try getting some low-cost or free help from legal aid, http://www.legalaidhawaii.org/, or through a program of the Hawaiian Bar…http://www.hsba.org/Legal_Assistance_List.aspx , including the “legal help” phone line, (808) 537-1868.
Finally, if you cannot get free legal help, you might try handling the matter yourself. Here’s a link to the forms you need: http://ag.hawaii.gov/hcjdc/files /2012/12/ exp _appl_form_new_fees_fillable_2012-06-27.pdf.
Expungement In Hawaii Where “No Conviction”
Expungement is different, not only among the states that allow it, but also between the specific agency that has reasons to permanently keep records of arrests. In Hawaii, the expungement process is from Section 831-3.2, in Hawaii Revised Statutes. So the general rule is that a Hawaiian expungement allows an expungement of arrest records only in cases where there was no conviction.
Be Sure To Get All Records And Information, Included In The Conviction Process
Hawaiian has recently added a section to the law, addressing the growing reality of digital images in an arrest packet. As part of an application for your expungement, you should ask for the return of your fingerprints and photographs.
Once your expungement order has been granted, you’ll receive an Expungement Certificate. The Certificate lists the specific records of your arrest that have been expunged. Carefully look over all the data mentioned in the Certificate: be cure it includes images from the booking. You will also want to be sure you send a copy of the Certificate to all the jurisdictions involved in the arrest. After a year, check back and be sure the information has in fact been expunged.
If your expungement is not granted, Hawaii has another possibility…a Governor’s pardon. http://www.papillonfoundation.org/images/Hawaii_Pardon_Application.pdf