Hawaii DUI Expungement: Can You Clear an OVUII From Your Record?

The Short Answer: A Conviction Stays Permanently

An OVUII conviction under HRS § 291E-61 is classified as a permanent traffic and criminal record in Hawaii. There is currently no standard expungement pathway that allows adults convicted of OVUII to have the conviction removed, sealed, or set aside.

This is different from many other states that allow DUI record sealing after a waiting period. In Hawaii, the conviction stays on your criminal record and driving history indefinitely. It shows up on background checks, employment screenings, and professional licensing inquiries for as long as those records exist.

What About the Hawaii Clean Slate Law?

Hawaii enacted Act 241 on July 9, 2024, establishing a Clean Slate Expungement Task Force within the state judiciary. The task force is studying automated, state-initiated record-clearing systems — the kind of programs where eligible records get expunged without the individual filing a petition.

However, several important limitations apply:

• The task force is advisory. No automated expungement system is currently operational. The task force's final legislative recommendations are due before the 2027 regular session, and the task force dissolves on June 1, 2027.
• OVUII convictions are excluded. Even under proposed automated frameworks, such as the initial drafts of House Bill 1663, adult OVUII convictions remain permanently excluded from automated or petition-based record clearing.
• No impact on active cases. The task force's existence does not delay, suspend, or modify any active ADLRO revocation, interlock requirement, court fine, or substance abuse obligation.

A pilot program in Hawaii County successfully cleared over 1,300 low-level drug arrest records automatically — but these were arrest records that didn't lead to convictions, which is a fundamentally different category from OVUII convictions.

The DAG Plea: The Only Path to Expungement

The one mechanism that can lead to expungement of an OVUII-related record is the Deferred Acceptance of Guilty (DAG) plea — but this is a disposition that happens during the criminal case, not after conviction.

With a DAG plea, you plead guilty but the court defers acceptance of the plea for a probationary period (typically 1 year). During that period, you must comply with all court-ordered conditions: substance abuse treatment, community service, fines, interlock requirements, and anything else the judge imposes.

If you successfully complete the probation period with no violations, the charges are dismissed. Under HRS § 831-3.2, dismissed charges are eligible for expungement — meaning you can petition to have the arrest record removed because there was never a final conviction.

If you violate the DAG conditions, the court accepts your guilty plea and enters a conviction — which is then permanent with no expungement pathway.

The catch: DAG pleas for OVUII are not guaranteed. They're at the judge's discretion, and some Hawaii judges are reluctant to grant them for impaired driving cases. Whether a DAG plea is available in your case depends on the specific facts, the county, and the judge.

The Deferred Acceptance of No Contest (DANC) Plea

Similar to the DAG, a DANC plea involves a no contest plea with deferred acceptance. The mechanics and expungement eligibility are the same — successful completion leads to dismissal and potential expungement; failure leads to permanent conviction.

The Under-21 Exception

The sole statutory exception for an actual impaired driving conviction applies to individuals convicted under age 21 for operating a vehicle with a measurable amount of alcohol (the zero-tolerance 0.02% BAC standard).

Under HRS § 291E-64(e), these individuals may petition the court for an expungement order after reaching age 21, provided they've had no subsequent drug- or alcohol-related law enforcement contacts. This exception exists because the underage standard is stricter than the adult 0.08% threshold, and the legislature carved out a narrow second chance for young drivers.

This exception does not apply to adults convicted under the standard 0.08% OVUII statute.

How Long Does a DUI Stay on Your Record?

For a convicted adult: permanently. Hawaii does not have a sunset period after which DUI convictions age off your criminal record. It remains on both your criminal history and your driving record indefinitely.

For purposes of sentencing on any future OVUII charge, Hawaii uses a 10-year lookback window. A prior conviction within 10 years elevates the penalties for a subsequent offense. But the record itself doesn't disappear after 10 years — it just stops being used as a sentencing enhancement.

What This Means Practically

If you're currently facing a first-offense OVUII charge, the DAG/DANC plea is the decision point that determines whether this becomes a permanent record or a dismissed case eligible for expungement. That's a conversation to have with a defense attorney who understands the specific judge and county where your case is being heard.

For the administrative side — the ADLRO revocation, interlock requirements, and reinstatement process — none of this changes regardless of the criminal outcome. The Hawaii First-Offense DUI Guide covers both the administrative compliance process and the criminal track so you can manage both simultaneously.

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