(a) The court may issue an order expunging a juvenile arrest record of a person upon written application by the person or, if the person is a minor, the minor’s parent or guardian; provided the arrest was made pursuant to section 571-11(1) or (2) and the arrest record meets the following criteria:

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Terms Used In Hawaii Revised Statutes 571-88

  • Adult: means a person eighteen years of age or older. See Hawaii Revised Statutes 571-2
  • Arrest: Taking physical custody of a person by lawful authority.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • minor: means a person less than eighteen years of age. See Hawaii Revised Statutes 571-2
  • Oath: A promise to tell the truth.
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
(1) The matter was not referred to the prosecuting attorney or the family court and:

(A) The person was not counseled and released by the police; or
(B) The person was counseled and released by the police and the person has become an adult; or
(2) The matter was referred to the prosecuting attorney or family court and:

(A) The person was not adjudicated responsible by the court; or
(B) The matter was dismissed with prejudice.
(b) Before issuing an order to expunge an arrest record of a matter that was never referred to the court, the court shall consult with the prosecuting attorney in the appropriate circuit.
(c) Upon issuance of an expungement order under this section, the court shall:

(1) Forward copies of the expungement order to the police department and the department of the attorney general for expungement of the arrest record; and
(2) Issue to the person for whom the expungement order was issued, a certificate stating that an expungement order was issued and that its effect is to annul the record of one or more specific arrests. The certificate shall:

(A) Authorize the person to state, in response to any question or inquiry, whether or not under oath, that the person has no record regarding the specific arrest; and
(B) State that the person shall not be subject to any action for perjury, civil suit, discharge from employment, or any other adverse action for making any statement authorized by the certificate.
(d) A person whose arrest record has been expunged under this section shall not be subject to any action for perjury, civil suit, discharge from employment, or any other adverse action for responding to any question or inquiry, whether or not under oath, that the person has no record regarding the specific arrest expunged.
(e) As used in this section:

“Arrest record” means any record maintained by a county police department or the department of the attorney general under chapters 846 and 846D, relating to the arrest of the minor for a specific offense, including fingerprints taken during the arrest and maintained under section 846-2.5(b).

“Expunge” means a process defined by agency policy in which records are segregated and kept confidential, or destroyed.

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