DUI Expungement in Hawaii

What is DUI expungement, and is it possible in Hawaii?

DUI expungement is the legal process of having a DUI conviction sealed or removed from a person’s criminal record. This process is also known as “expungement of records” or “setting aside a conviction.” In Hawaii, expungement of a DUI conviction is possible in certain circumstances. However, it is important to note that a DUI expungement will not erase the conviction from all records; some agencies may still have access to the conviction if necessary.

What are the eligibility criteria for DUI expungement in Hawaii?

In order to be eligible for DUI expungement in Hawaii, you must meet the following criteria:
1. You must have completed all of the terms of your probation or conditional discharge;
2. You must have paid all fines, fees, and restitution associated with your DUI conviction;
3. You must not have been convicted of any additional crimes during the period of your probation;
4. You must not have any pending charges against you; and
5. You must not have been convicted of any additional DUI offenses in the five years prior to applying for expungement.

Is there a waiting period before someone can apply for DUI expungement in Hawaii?

Yes, the waiting period to apply for DUI expungement in Hawaii is at least ten years from the date of conviction.

What types of DUI convictions may be eligible for expungement in Hawaii?

In Hawaii, certain types of DUI convictions may be eligible for expungement, such as those involving alcohol or drugs, first-time offenses, or out-of-state convictions. The exact eligibility requirements for expungement vary depending on the type of conviction, but generally speaking, you must have completed all court-ordered requirements associated with your conviction, including paying all fines and completing any required probation or community service. The court will also consider the length of time since the conviction as well as your overall character and criminal record.

Are there specific conditions or rehabilitation programs required for expungement eligibility in Hawaii?

Yes, in order to be eligible for expungement in Hawaii, certain conditions must be met and certain rehabilitation programs may be required. In order to qualify for expungement, the person must have been found not guilty of the offense, must not have been convicted of any other felony or misdemeanor within the past 5 years, must not have any pending criminal cases in any court, and must have completed any probation or parole terms. Additionally, to be eligible for expungement, the person must have completed any applicable rehabilitation programs or community service requirements that were imposed as part of their sentence.

How does someone initiate the DUI expungement process in Hawaii?

The first step in the DUI expungement process in Hawaii is to file a motion to expunge the DUI conviction with the court in the county where the conviction occurred. The motion should include a copy of the original criminal complaint, sentencing information, and any other relevant documents. After filing the motion, the court will schedule a hearing to consider the motion. At the hearing, the petitioner will need to present evidence demonstrating why they believe the DUI conviction should be expunged. After considering all of the evidence presented at the hearing, the court will either grant or deny the motion to expunge.

What documentation or evidence is needed when applying for expungement in Hawaii?

When applying for expungement in Hawaii, the applicant will need to provide certain documentation and evidence to prove their eligibility. This includes a certified copy of the court record and sentencing document related to the offense, proof of completion of any court-ordered treatment programs, fines, and/or restitution, proof of successful completion of probation or parole (if applicable), and a signed consent form from the Hawaii Department of Public Safety authorizing the expungement. Additional information may also be required depending on the specific case.

Are there fees associated with filing for DUI expungement in Hawaii?

Yes, there are fees associated with filing for a DUI expungement in Hawaii. The total cost of filing for an expungement is $150, which covers the costs of processing the paperwork and submitting it to the court. Additionally, there may be additional court fees associated with the filing.

Can individuals with multiple DUI convictions apply for expungement in Hawaii?

Yes, individuals with multiple DUI convictions in Hawaii may be eligible to apply for expungement. However, the chance of being approved depends on the specifics of the case and the discretion of the court.

Does expungement result in the complete removal of the DUI record, or is it sealed in Hawaii?

In Hawaii, a DUI record can be sealed or expunged from a person’s criminal history record. With an expungement, the record is completely removed from the criminal history record, while with a sealing the record is still viewable but hidden from public viewing.

How do employers, landlords, and background check companies view expunged DUI records in Hawaii?

In Hawaii, employers, landlords, and background check companies will typically not have access to expunged DUI records. Once a DUI record has been expunged, it is no longer part of the public record and is not available for employers, landlords, or background check companies to view.

Is there a difference between expungement and setting aside a DUI conviction in Hawaii?

Yes, there is a difference between expungement and setting aside a DUI conviction in Hawaii. Expungement is a process that completely removes a criminal record from public view. The record is sealed from public view and is not available for background checks or for viewing by employers, landlords, or other agencies. Setting aside a conviction, on the other hand, is more like a pardon or form of relief from the consequences of a conviction. It does not completely remove the criminal record from public view. Instead, the conviction becomes void, which means it cannot be used to bar someone from certain rights or privileges. However, it will still appear in police and court records.

Can expunged DUI records be used against an individual in future DUI cases in Hawaii?

No. In Hawaii, an expunged DUI record cannot be used in any way against an individual in a future DUI case. However, a person’s prior DUI convictions can be used as an aggravating factor to increase the severity of the current conviction.

Do expunged DUI records affect professional licensing or certifications in Hawaii?

No, expunged DUI records do not affect professional licensing or certifications in Hawaii. Hawaii law states that any criminal records that are expunged or sealed may not be considered in connection with an application for a license, certification, or registration issued by a licensing agency in the state.

Are there any restrictions on firearm ownership after DUI expungement in Hawaii?

Yes, there are restrictions on firearm ownership after DUI expungement in Hawaii. Under Hawaii law, a person convicted of driving under the influence (DUI) will be prohibited from possessing firearms for at least 10 years from the date of the conviction. Furthermore, a person who has had their DUI conviction expunged will still be prohibited from possessing firearms for at least five years from the date of expungement.

Is there a waiting period for expungement to take effect after approval in Hawaii?

Yes. After a court approves an expungement in Hawaii, it can take up to six months for the order to take effect.

What role does the court or prosecutor play in the DUI expungement process in Hawaii?

The court and prosecutor are both involved in the DUI expungement process in Hawaii. The court reviews the petition for expungement and makes a determination as to whether or not the petition should be granted. The prosecutor is also involved in determining if the expungement should be granted, as they often have the ability to object to the expungement if they feel that there are grounds to do so. The court will consider any objections made by the prosecutor and make its final decision on whether to grant or deny the expungement.

Are there resources or organizations that provide guidance on DUI expungement in Hawaii?

Yes, there are a few resources and organizations that can provide guidance on DUI expungement in Hawaii. The Expungement & Sealing of Criminal Records Task Force of the Hawaii State Judiciary is one such organization. The Task Force offers legal assistance with the expungement process and can provide additional information about rights and requirements. The Hawaii State Bar Association also provides legal advice and resources for individuals seeking to expunge their criminal records. Finally, the DUI defense lawyers at the Law Offices of Mark J. Saito may be able to provide information and advice on navigating the DUI expungement process in Hawaii.

What is the timeline for completing the DUI expungement process in Hawaii?

The timeline for completing the DUI expungement process in Hawaii depends on the court’s timeline. Generally, it takes 8-12 months from the date of filing the petition until the court issues an order granting the expungement. During that period, a hearing may be required and there may be delays in the court process.

How does DUI expungement impact immigration status, if applicable in Hawaii?

Regardless of the immigration status, a DUI expungement in Hawaii will not have any impact on immigration status. A criminal record and its expungement can still be seen by most government agencies, including the U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS). Therefore, it is important for immigrants to understand the potential long-term implications of a DUI conviction before deciding whether to seek an expungement.