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DUI (OVII) Expungement in Hawaii

An OVII can be expunged by pardon, can be reversed, or set aside. An expungement means the OVII conviction will be cleared from the offenders’ criminal history and will not show up on criminal background checks. The offender can not apply for an expungement if the conviction of OVII was obtained because of a bail forfeiture. Bail forfeiture is when the driver is out of jail on bail and fails to appear to court as ordered for some part of the proceedings and whoever put the money up for the bail does not get the bail back.

If the person was arrested or charged with an OVII and was not convicted, the person can apply to have the arrest erased from their criminal history record. The person must fill out an application for expungemnet. The person may also write an application to request the return of all fingerprints or photographs taken in connection with the arrest. The attorney general of Hawaii or the attorney general’s duly authorized representative within the department will respond to the application within 120 days after it receives the written application. If the expungement is granted, the person will receive an expungement certificate. The person will also be treated as not having been arrest. Any arrest records pertaining to the arrest that any law enforcement agency has, will be forwarded to the attorney general and be put in a confidential file. Any expungement records will not be divulged unless an inquiry is made by an agency of the federal or state government is considering the person for a position immediately and directly affecting national or state security. Response to any other inquiry will not be different from a response made about persons who have no arrest records.

A person under the age of 21 who only had a first-time violation of operating a vehicle under intoxicant can apply for an expungement order when they reach at least 21 years old.  The accused must also have fulfilled terms of the sentence and has had no subsequent alcohol or drug related offense.


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