Hawaii Pardon vs Expungement: Two Different Paths, Two Different Results
People use "pardon" and "expungement" interchangeably, but in Hawaii they produce fundamentally different legal results. Choosing the wrong path — or expecting one to do what only the other can — wastes months and leaves your record exactly where it started.
Expungement: Record Erasure for Non-Convictions
Administrative expungement under HRS § 831-3.2 physically purges your arrest record from the state's criminal history database. After expungement:
- The HCJDC destroys your arrest record from its system
- Fingerprints and booking photographs are returned to you or destroyed
- eCourt Kōkua removes the case from public search for qualifying non-conviction orders (automatic since July 2025)
- County police departments segregate and secure local arrest files
- You can legally state under oath that the arrest never occurred
The catch: this pathway is only available for arrests that did not result in a conviction — dismissals, acquittals, cases where charges were never filed, and completed deferred acceptance pleas.
Filing cost: $35 (first-time) or $50 (subsequent). Timeline: up to 120 days for HCJDC processing.
Gubernatorial Pardon: Recognition Without Erasure
A pardon is an exercise of the governor's constitutional clemency power under Article V, § 5 of the Hawaii Constitution. It's the only option for standard adult convictions that don't qualify for the three narrow statutory exceptions (first-time drug possession, first-time property offenses, under-21 DUI).
What a pardon does:
- Restores civil rights — jury service and public office eligibility
- Serves as official recognition that the governor considers you rehabilitated
- Updates your record with a "Pardoned" notation
What a pardon does not do:
- Does not expunge or erase the conviction — it remains fully visible on background checks
- Does not seal court records — the case stays on eCourt Kōkua
- Does not remove the conviction from HCJDC databases — only the notation changes
- Does not allow you to deny the conviction — you must still disclose it when asked
This is the distinction that surprises most people. In some states, a pardon triggers automatic expungement. In Hawaii, it doesn't. A pardoned conviction is still a conviction on your record — just one with a governor's endorsement attached.
The Pardon Application Process
Pardon applications go through the Hawaii Paroling Authority (HPA), not the HCJDC. The process:
- Submit the pardon application — the HPA's revised form (as of 07/2024) requires detailed information about your conviction, rehabilitation efforts, and current life circumstances
- Field investigation — the HPA conducts interviews with you, your references, and potentially the original prosecutor and victims
- HPA recommendation — the board issues a recommendation to the governor, either for or against
- Governor's decision — the governor has absolute discretion to grant or deny, with no obligation to follow the HPA's recommendation
There's no state filing fee, but the process is often lengthy and there's no guaranteed outcome. The governor can deny.
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Side-by-Side Comparison
| Factor | Expungement | Pardon |
|---|---|---|
| Eligible records | Non-conviction arrests; specific statutory conviction exceptions | Adult convictions outside statutory exceptions |
| Effect on record | HCJDC purge and public eCourt removal for qualifying tracks; limits apply | Conviction stays; "Pardoned" notation added |
| eCourt Kōkua | Public case search removed for qualifying non-conviction orders; limits apply | Case remains visible |
| Can you deny the record exists? | Yes, under oath | No — must still disclose |
| Filing cost | $35-$50 | $0 (notary costs apply) |
| Processing time | Up to 120 days for HCJDC processing | Often lengthy; no guaranteed timeline |
| Decision maker | HCJDC or court, depending on the track | Governor (fully discretionary) |
| Background check result | Generally no state/public record for a qualifying non-conviction; exceptions apply | Conviction with "Pardoned" notation |
Which Path Applies to You
The decision tree is simpler than it appears:
Your case ended without a conviction (dismissed, acquitted, charges not filed, or completed deferred acceptance plea) → You need an administrative expungement through the HCJDC. The Attorney General is mandated to grant it if you're eligible.
You have a conviction for first-time drug possession, first-time property offense, or under-21 DUI → You may qualify for statutory expungement through the courts under the specific HRS provisions for your offense category.
You have any other adult conviction → A gubernatorial pardon is your only option, and it won't erase the record.
The most commonly misidentified situation: people who completed deferred acceptance pleas think they have a conviction because they pleaded guilty. They don't — the court dismissed the case. They need expungement, not a pardon, and they're eligible for it after the one-year waiting period.
The Hawaii Expungement & Record Sealing Guide includes the full diagnostic to identify which pathway applies to your specific case, with step-by-step instructions for both the HCJDC expungement process and the initial stages of a pardon application.
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