Can a DUI be expunged in Hawaii?
Hawaii clears a DUI only where the charge was dismissed, acquitted or resolved through a diversion programme; a conviction stays.
A DUI conviction is the offence most often written out of a state's expungement law. Where relief exists at all it usually arrives with a waiting period, a one-time limit and a list of disqualifiers, and clearing the court record is not the same as clearing the record the licensing agency keeps. The rules below are Hawaii's own, each quoted from the statute or the agency that holds the record.
Also called: expungement of conviction information; expungement certificate.
Whether a DUI can be cleared at all
| What the relief is called | expungement order |
|---|---|
| A DUI conviction | Only if the charge was dismissed or diverted |
| Waiting period | not stated as a fixed period |
| How it is obtained | By petition only |
| Filing fee | $35 |
Haw. Rev. Stat. § 831-3.2 authorizes an expungement order only on application from a person arrested for, or charged with but not convicted of, a crime. The Hawaii Criminal Justice Data Center lists the convictions a court may order expunged, and the only alcohol-related entry is Haw. Rev. Stat. § 291E-64(e), the under-21 measurable-amount offense. An adult conviction for operating a vehicle under the influence of an intoxicant under Haw. Rev. Stat. § 291E-61 is not on that list.
“The court may grant an order for the expungement of conviction for certain offenses and circumstances noted below. ... Qualifying offenses/sentencing provisions are: §291E-0064(e) – Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one;”
The driving record is a separate record
This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.
Not addressed on the official pages read. The Hawaii Criminal Justice Data Center states that expungement reaches the arresting agency and the statewide central repository of adult criminal history record information, and that records may still be retained and made available by the courts. Neither the Data Center nor Haw. Rev. Stat. § 831-3.2 mentions the driver record kept for licensing, and no county driver licensing page addresses whether an expungement removes an alcohol-related entry from it.
“Arrest records will be expunged from the arresting agency and the statewide central repository of adult criminal history record information. Records may still be retained and made available by the courts.”
What else sits on that record: suspensions and points in Hawaii.
How long the wait is, and from when
Haw. Rev. Stat. § 831-3.2(a) sets no general waiting period for a non-conviction arrest, but bars an order for five years after arrest or citation where a petty misdemeanor or violation ended in bail forfeiture, and for one year after discharge and dismissal following a deferred acceptance of a guilty or no-contest plea under chapter 853. A deferred plea is not available for this offense: Haw. Rev. Stat. § 291E-61(b) requires sentencing without possibility of probation or suspension of sentence, and Haw. Rev. Stat. § 853-4(a)(5) makes chapter 853 inapplicable where the offense charged is nonprobationable.
“For a period of one year upon discharge of the defendant 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.”
Automatic or by petition
An expungement order is issued only on written application to the Attorney General's Hawaii Criminal Justice Data Center, and a conviction expungement additionally requires a court order that must be filed with the application. Since July 1, 2025, under Act 003 (2025), the Data Center forwards a granted expungement order to the Judiciary automatically for consideration of sealing the electronic case record, so applicants no longer make that request separately.
“Effective July 1, 2025, individuals granted an expungement order will no longer need to separately request that the Judiciary seal or remove case records related to the arrest from its publicly accessible electronic database.”
Where it is filed, and what it costs
| Filed with | the Hawaii Criminal Justice Data Center of the Department of the Attorney General; a conviction expungement first requires an order from the court |
|---|---|
| Filing fee | $35 |
| Form | Expungement Application (Form HCJDC 159(b)) · ag.hawaii.gov |
The fee is $35 for a first-time expungement and $50 otherwise, including a non-refundable $10 processing fee; a duplicate certificate is $20. Payment must be by cashier's check or money order payable to the State of Hawaii. Where a conviction is being expunged, a copy of the court's Order Granting the Expungement of Conviction must be included with the application. Processing takes 120 days and no expedited service is offered. A person issued only a citation or summons, without an arrest or booking, has no arrest record to expunge.
“The fee for a first-time expungement is $35. The fee for a non-first-time expungement is $50. The fee includes a non-refundable $10 processing fee.”
Whether a cleared DUI still counts as a prior
Haw. Rev. Stat. § 291E-61(b) sets first-offense sentencing for an offense not preceded within a ten-year period by a conviction under the same section or under Haw. Rev. Stat. § 291E-4(a), so a prior conviction counts for ten years.
“Except as provided in paragraph (4), for the first offense, or any offense not preceded within a ten-year period by a conviction for an offense under this section or section 291E-4(a):”
The statute: Haw. Rev. Stat. § 831-3.2
“The attorney general, or the attorney general's duly authorized representative within the department of the attorney general, upon written application from a person arrested for, or charged with but not convicted of a crime, or found eligible for redress under chapter 661B, shall issue an”
Questions about clearing a DUI in Hawaii
- Can a Hawaii OVUII conviction be expunged?
- Haw. Rev. Stat. § 831-3.2 authorizes an expungement order for a person arrested for or charged with but not convicted of a crime. The Hawaii Criminal Justice Data Center separately lists the convictions a court may order expunged; the only alcohol-related item is Haw. Rev. Stat. § 291E-64(e), the under-21 measurable-amount offense. An adult conviction under Haw. Rev. Stat. § 291E-61 is not listed.
- Is a deferred plea available for an OVUII charge in Hawaii?
- Haw. Rev. Stat. § 291E-61(b) states that a person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence. Haw. Rev. Stat. § 853-4(a)(5) makes the deferred-plea chapter inapplicable where the offense charged is nonprobationable, so the deferred acceptance route that leads to expungement one year after dismissal does not reach this offense.
- What does a Hawaii expungement actually remove?
- The Hawaii Criminal Justice Data Center states that arrest records are expunged from the arresting agency and the statewide central repository of adult criminal history record information, and that records may still be retained and made available by the courts. Neither the Data Center nor Haw. Rev. Stat. § 831-3.2 addresses the driver record. Haw. Rev. Stat. § 291E-61(b) counts a prior conviction for ten years.
Sources
- Haw. Rev. Stat. § 831-3.2 — Expungement orders (Hawaii State Legislature)
- Hawaii Criminal Justice Data Center, Department of the Attorney General — Expungements
- Haw. Rev. Stat. § 291E-61 — Operating a vehicle under the influence of an intoxicant (Hawaii State Legislature)
- Haw. Rev. Stat. § 853-4 — Chapter not applicable; when (deferred acceptance of plea exclusions) (Hawaii State Legislature)
Cite this page
Every state page quotes the statute or agency page each value comes from; when citing this page, include the verification date shown above.
WheelsBack. "DUI expungement and record sealing in Hawaii." Verified against primary sources August 29, 2026; sources re-checked September 4, 2026. https://wheelsback.com/hawaii/dui-expungement/