Hawaii First-Time Drug Offense Expungement — HRS § 706-622.5 Explained

One of Hawaii's Narrow Conviction Exceptions

Hawaii's general rule is unforgiving: adult convictions cannot be expunged. But HRS § 706-622.5 carves out a specific exception for qualifying first-time drug-related offenses. If you were convicted of a qualifying possession or use offense and sentenced under this statute, you may be eligible to have the conviction expunged after successfully completing the required probation and treatment.

This is one of Hawaii's narrow statutory pathways to clear an actual conviction — alongside first-time property offenses (HRS § 706-622.9) and under-21 DUI convictions (HRS § 291E-64). HRS § 706-622.8 provides a related pathway for qualifying first-time drug offenders sentenced prior to July 1, 2004. Outside these statutory exceptions, an adult conviction requires a gubernatorial pardon, which restores civil rights but does not erase the conviction from your record.

Who Qualifies Under HRS § 706-622.5

The statute targets a narrow profile:

• First-time drug possession conviction. This must be a qualifying first-time drug offense under Hawaii law. A prior felony drug conviction in Hawaii or another jurisdiction can disqualify you.
• Possession, not distribution. The charge must be for personal possession, not manufacture, distribution, or intent to distribute.
• Successful completion of probation. The court must have placed you on probation with conditions that typically include substance abuse assessment, treatment, and regular reporting. You must complete every condition the court set.

The key mechanism: when you successfully complete probation under this statute, you or your probation officer may submit a written application, and the court shall issue an order expunging the conviction if the statutory conditions are met. You then submit that order to the HCJDC for processing; the court order is not automatic.

The Process After Probation Completion

Once you've satisfied all probation conditions:

1. Submit a written application to the court after completing the required probation conditions and treatment program. You or your probation officer may submit the application.
2. The court issues an expungement order. The court shall issue the order if you successfully completed the substance-abuse treatment program and complied with the other terms and conditions of probation.
3. The expungement order goes to the HCJDC. With the court order in hand, you submit an expungement application (Form 159(b)) with the $35/$50 fee. The HCJDC then processes the administrative expungement.
4. Since July 2025, the court sealing is automatic for qualifying cases. The HCJDC transmits the expungement order to the judiciary, which removes the case from eCourt Kōkua without a separate petition when the case meets the HRS § 831-3.2(f) sealing requirements.

The Big Island Cannabis Pilot — A Different Track

Don't confuse HRS § 706-622.5 with Hawaii's state-initiated cannabis expungement pilot. Act 62 (2024) and Act 5 (2025) created a program where the Attorney General proactively expunges certain marijuana and Schedule V possession arrest records arising before January 11, 2020 in Hawaii County — without the individual filing an application or paying a fee.

That pilot is limited to Hawaii County (the Big Island), applies to arrest records (not convictions), and targets possession charges under HRS § 712-1249. The 706-622.5 pathway is statewide, applies to actual convictions, and requires you to have completed the required probation and treatment pathway with a court expungement order.

What This Expungement Clears — and What It Doesn't

A successful 706-622.5 expungement removes the conviction information from the statewide HCJDC repository. Related court records may be removed from eCourt Kōkua through the post-July 1, 2025 transmission process, but the arresting agency or courts may retain records. For most private-sector background checks, the record disappears.

Federal databases are a different matter. The FBI's NCIC may still retain the arrest and conviction data until the federal correction is processed. And for immigration purposes, USCIS treats any drug conviction — even one that's been expunged under state law — as a serious matter. Non-citizens should consult an immigration attorney before filing.

Our Hawaii Expungement Guide includes the complete post-conviction relief pathway under HRS § 706-622.5, with the specific documentation requirements and a timeline for coordinating the court expungement order with the HCJDC expungement application.

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