Hawaii Expungement, Set-Aside & Court Record Removal

Hawaii's Record Relief Options - What Exists and What Doesn't

Hawaii has no general expungement statute for adult criminal convictions. This places it among the more restrictive states in the country for court record relief - a reality that shapes every strategy available to residents seeking to manage their online presence. Understanding exactly what is and isn't available under Hawaii Revised Statutes is the starting point for any strategy.

The Hawaii State Judiciary provides three distinct mechanisms, each covering a narrow category of records. For most residents, the practical solution lies in the intersection of whatever legal relief may be available and an aggressive online removal campaign across data brokers and Google.

For context on how expungement compares to sealing - and why the distinction matters for background checks - see our guide on expungement vs. sealing. You can also learn more about whether court records can be removed in detail.

Hawaii's Available Record Relief in Detail

While Hawaii offers limited pathways, understanding each one thoroughly helps you determine which, if any, applies to your situation - and whether pursuing legal relief would create the foundation needed for effective online removal. The Hawaii Judiciary's expungement resources are a starting point, but most residents need professional guidance to navigate the process correctly.

Arrest Record Expungement - HRS § 831-3.2

If you were arrested but not convicted - because the charges were dismissed, the case was nolle prossed, or you were acquitted - you may petition the Hawaii Criminal Justice Data Center (HCJDC) for expungement of the arrest record under HRS § 831-3.2. The petition goes to the Data Center, not to the court. After expungement, the arrest record is sealed from most public access, and you may generally deny the arrest in non-law-enforcement contexts.

This is the most accessible and commonly used relief in Hawaii. The expungement should trigger a restriction on eCourt Kokua for the relevant case, creating the basis for subsequent Google removal requests. Processing time at the HCJDC is typically 30 to 90 days, with eCourt Kokua updates following within an additional 30 to 60 days.

First Drug Offense Discharge and Dismissal - HRS § 706-622.5

For first-time drug offenders placed on probation, HRS § 706-622.5 provides that upon successful completion of probation, the court may discharge the defendant and dismiss the proceedings. The discharge is treated as a dismissal, and the defendant is deemed not to have been convicted for most purposes. However, the original arrest and court filing records remain accessible to law enforcement, and this provision applies only to drug-related first offenses - it does not extend to other criminal categories.

The prosecution may object and the court has discretion in granting the discharge. If granted, costs associated with this relief are typically embedded in the overall criminal case representation rather than a separate filing. For more information on understanding background check implications, see the U.S. Courts website and the FTC's guide to background checks.

Deferred Acceptance of Guilty Plea (DAGP) - HRS § 853-1

Hawaii's DAGP program allows qualifying defendants to enter a guilty plea, which the court defers rather than accepting. The defendant completes a probationary period, and if successful, the court permits withdrawal of the plea and dismisses the case. The dismissed case may then be eligible for expungement under § 831-3.2 as a non-conviction record. DAGP is available at the court's discretion and the prosecution's agreement, most commonly for first-time offenders on non-violent charges. Once the case is dismissed through DAGP and expungement is granted, both the HCJDC records and the eCourt Kokua entry should be restricted.

Why Hawaii Court Records Persist Online After Any Available Relief

Even for the narrow categories of records that qualify for relief in Hawaii, online persistence is a separate problem that requires its own solution. Hawaii's public court portal and private data ecosystem operate independently of any court order. The gap between legal relief and online visibility is a consistent challenge across all 50 states - Hawaii's limited expungement framework simply makes it more acute.

Hawaii eCourt Kokua - The Public Court Records Portal

Hawaii's public court records are accessible through eCourt Kokua at courts.state.hi.us. This portal provides public access to case information statewide without registration. For conviction records that are ineligible for expungement, eCourt Kokua will continue to display the case indefinitely as a matter of public record. For arrest records expunged under § 831-3.2, eCourt Kokua should be updated to restrict public access after expungement - but processing delays mean the restriction may take weeks or months to appear in the public portal.

Google and legal aggregators like Justia index eCourt Kokua data continuously. Even after a case is restricted on the portal, previously cached pages persist in search results. Understanding how court records appear on background checks is critical context for any removal strategy.

Hawaii Criminal Justice Data Center (HCJDC)

The HCJDC maintains Hawaii's centralized criminal history repository and handles arrest record expungement petitions. After expungement under § 831-3.2, the HCJDC seals its copy of the arrest record and notifies connected law enforcement agencies. However, federal databases (such as the FBI's NGI) require a separate process to update, and third-party data brokers that licensed HCJDC data before the expungement must be contacted independently. The HCJDC and eCourt Kokua are distinct systems that must both be addressed.

Data Broker Sites and Commercial Background Check Platforms

Spokeo, BeenVerified, Intelius, TruthFinder, Radaris, Whitepages, and dozens of other aggregators compiled your criminal record from eCourt Kokua and other public sources. They have no obligation to update based on any Hawaii court order. For conviction records that remain public on eCourt Kokua, data brokers will continue to repopulate profiles even after opt-outs, because the source data remains publicly accessible. For arrest records that have been expunged (and eCourt Kokua updated), data broker opt-outs become more durable. You can also learn about how to remove court records from Spokeo specifically.

How to Remove Hawaii Court Records from Google and Data Broker Sites

The Hawaii online removal strategy differs by whether your record qualifies for legal relief. The steps below cover both situations - with and without an expungement order. Working through this process systematically, with documentation at every step, is the key to durable results.

1. 1
   Determine which legal relief applies (if any)
   Assess whether your record qualifies under HRS § 831-3.2 (non-conviction arrest record), § 706-622.5 (first drug offense discharge), or DAGP (§ 853-1). If legal relief is available, pursue it first - a successful expungement or dismissal order strengthens every subsequent online removal request and may allow eCourt Kokua to be restricted, which unlocks Google removal tools.
2. 2
   Petition the HCJDC for arrest record expungement (if applicable)
   For non-conviction arrest records, file your petition directly with the Hawaii Criminal Justice Data Center. The HCJDC processes the expungement and notifies connected agencies. After processing (typically 30 to 90 days), verify that eCourt Kokua has been updated to restrict the case from public view before proceeding to Google removal requests.
3. 3
   Audit all Google results showing your record
   Search Google for your full name combined with "Hawaii," "arrest," "court," and offense type. Document every URL - eCourt Kokua pages, Justia, CourtListener, data broker sites, news archives, and mugshot sites. Screenshot each URL with a timestamp. This is your removal work queue.
4. 4
   Submit data broker opt-out requests
   Submit opt-out requests to Spokeo, BeenVerified, Intelius, TruthFinder, Radaris, Whitepages, PeopleFinder, and all others showing your record. Include any expungement or court order documentation where accepted. Processing takes 2 to 6 weeks per site. For conviction records that remain public on eCourt Kokua, expect more frequent repopulation - set 60-day re-check reminders rather than 90-day.
5. 5
   Submit Google removal requests for eligible URLs
   For URLs where the source page has been restricted (eCourt Kokua after expungement, or data broker pages after opt-out removal), use Google's Outdated Content Removal tool to de-cache the URL. Use the Personal Information Removal Tool for pages displaying sensitive personal information that is no longer publicly accessible at the source. For active eCourt Kokua conviction pages, direct Google removal is not available - but derivative sites that republished your record can be targeted once those sources are removed.
6. 6
   Implement search suppression for persistent results
   For eCourt Kokua conviction records that remain publicly accessible, suppression is the primary strategy. Create and optimize positive online content - professional profiles, news mentions, business listings, community contributions - that can outrank the eCourt Kokua result for your name. Effective suppression requires consistent effort over 3 to 9 months but is achievable for most individuals.

Frequently Asked Questions - Hawaii Court Record Removal