Hawaii Expeal Guide

Note: The links and statutes were last checked on March 4, 2026. If you're looking at this after that date, please check yourself to make sure everything is still accurate.

Hawaii allows for the expungement of arrest records and certain first-time drug, property, or DUI offenders; however, a recently passed law (SB2706) may expand eligibility in 2027. Hawaii requires the use of a petition.

Aspects of the process that are unique to the state include:

Hawaii does not create an arrest record that can be expunged if you were only issued a citation or summons and not arrested or booked for a criminal offense.
Hawaii has certain waiting periods for non-conviction arrests that are the result of certain types of dismissals.

Expeal Ranking

Hawaii Expeal ranking is 6 out of 15, or a D.

This is based on the average of the following scores:

Metric	Misdemeanor - Arrest	Felony - Arrest
Clean Slate	2	2
Expeal	2	2
Tasks	3	3
Wait	2	2
Cost	2	2
Total	11	11

The metrics are defined as follows:

Clean Slate: 3 if implemented; 2 if proposed or in the process of being implemented; 1 if being discussed; 0 if nothing
Expeal: 3 if records are erased or destroyed; 2 if records are hidden but still exist; 1 if records are given a notation or some other form of reduction; 0 if nothing or if it requires a pardon or something similar before becoming available
Tasks: 3 if application alone or automatic; 2 if straightforward court or administrative engagement required; 1 if administrative engagement required before straightforward court; 0 if convincing required
Wait: 3 if immediate to 1 year; 2 if 1 to 3 years; 1 if 3 years to 5 years; 0 if > 5 years or intermediate step before tolling
Cost: 3 if < $50; 2 if $50.01 to $250; 1 if $250.01 to $500; 0 if > $500.01

Steps

Below are the five phases that take you through the Expeal process in Hawaii. Remember: If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the $10.30 USPS Flat Rate Envelope.

Phase 1: Verifying you Qualify

Step 1: Request your Record. Complete and submit your application to request an official copy of your criminal history record. Cost: There is a record request fee that ranges from $35.00 to $55.00, depending on if you request it in-office or by mail.
Step 2: Review your Record. Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

Phase 2: Collecting your Documents

Step 3: Request Certified Documents. Collect certified copies of relevant documents. This include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you need to get a certified copy of whatever proves you completed the requirements as well. Cost: Varies based on agency, but a good baseline is the fees from the clerk of court, which charges $2.00 to certify a document and $1.00 for the first page and $0.50 for every subsequent page that needs to be photocopied.
Step 4: Verify the Final Documents. This may seem obvious, but there have been enough instances of wrong information, missing signatures, or other issues that it is absolutely worth spending the time to review each document you've received and making sure it is both certified and clearly shows you have completed whatever you were required to do. Make sure you make copies of each original file.

Phase 3: Completing the Petition

Step 5: Prepare your Petition. Complete the petition based on the type of charge and outcome you are seeking. Among other requirements, there are timing restrictions to note: certain arrest records and non-guilty findings (misdemeanor and similar, felony) need one year to pass.
Step 6: Finalize your Petition. Take the completed petition from Step 5, the documents collected in Step 3, and the background check from Step 1, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.

Phase 4: Final Steps

Step 7: File your Expeal Request. File the petition with the Hawaii Criminal Justice Data Center. Cost: Ranges from $35.00 to $50.00, depending on whether it is the first expungement or not.
Step 8: Work with the Center. After confirming the files have been received by the Center, wait to hear how they want to proceed.

Phase 5: Celebrate!

Step 9: Enjoy your Second Chance! Begin the next chapter in your life with the legal ability to say you were never even arrested for the charges you just cleared! While we understand you won't want to tell people you used Expeal, we do hope you'll recommend us when you hear about someone who could use the service. Best of luck with everything!

Statutes

The following statutes govern the Expeal process in Hawaii:

Official Government Links

Agencies

The following pages are important for you to be familiar with as you go through the Expeal process:

Forms

The following links lead to official forms required for the Expeal process:

Hawaii Criminal Justice Data Center Expungement Application.