Hawaii Under-21 DUI Expungement — HRS § 291E-64 Process

The Under-21 DUI Exception

Hawaii's zero-tolerance law under HRS § 291E-64 prohibits anyone under the age of 21 from operating a vehicle after consuming a measurable amount of alcohol — a stricter standard than the 0.08 BAC threshold that applies to drivers over 21. If you were convicted of a qualifying first-time violation with no prior alcohol enforcement contacts, you're in a unique position: Hawaii law provides a specific expungement pathway for this particular offense that doesn't exist for standard adult DUI/OVUII convictions.

This makes a qualifying first-time HRS § 291E-64(b)(1) conviction eligible for the expungement process under HRS § 291E-64(e), and one of only three types of adult convictions eligible for expungement in Hawaii — alongside first-time drug offenses (HRS § 706-622.5) and first-time property crimes (HRS § 706-622.9). A standard OVUII conviction under HRS § 291E-61 for someone aged 21 or older cannot be expunged.

How the Process Differs From Standard Expungement

Unlike a non-conviction administrative expungement (where the HCJDC processes your application directly), an under-21 DUI expungement requires a court order as the first step:

1. Petition the court after you turn 21. You may apply to the court that handled your conviction after attaining age 21, if you had no prior alcohol enforcement contacts, fulfilled the sentence, and have had no subsequent alcohol- or drug-related enforcement contacts. The judge reviews your case and determines whether to grant expungement.
2. Court issues the expungement order. If the court grants your petition, it issues an order directing the HCJDC to expunge the arrest and conviction record.
3. File with the HCJDC. Submit the court order along with Form 159(b) and the processing fee ($35 first-time, $50 subsequent) to the HCJDC.
4. HCJDC processes the administrative destruction. The HCJDC destroys the arrest cards, fingerprints, and photographs, and purges the conviction from the Computerized Criminal History system.
5. Automatic court sealing. For orders processed after July 1, 2025, the HCJDC transmits the expungement to the judiciary for automatic removal from eCourt Kōkua when the case meets the HRS § 831-3.2(f) sealing requirements.

The court-first requirement is the key distinction. For standard non-conviction expungements, you go directly to the HCJDC. For under-21 DUI convictions, the court must initiate the process.

The ADLRO Complication

If your under-21 DUI arrest also triggered an administrative license revocation through the Administrative Driver's License Revocation Office (ADLRO), expunging the criminal conviction doesn't automatically clear the civil administrative record.

The ADLRO operates on an independent civil track — it revoked your driving privileges based on the arrest itself, not the criminal court outcome. Even if you successfully expunge the criminal conviction, you need to separately address the ADLRO record to ensure the arrest doesn't continue appearing on your state driving abstract.

This dual-track reality trips up many applicants. They clear the criminal side and assume everything is handled, only to discover the ADLRO administrative action still shows up when a future employer or insurer checks their driving record.

Who Should Consider This Pathway

If you were convicted of a qualifying first-time violation with no prior alcohol enforcement contacts under HRS § 291E-64 as a teenager or college student and the conviction is now showing up on background checks years later — blocking job opportunities, base access, or professional licensing — this pathway exists specifically for your situation.

The under-21 DUI expungement is particularly valuable for applicants entering careers with strict background requirements: military service, law enforcement, healthcare licensure, or positions at Hawaii's military installations. A youthful driving offense that results in a permanent conviction record can follow someone for decades without this specific statutory relief.

Our Hawaii Expungement Guide covers the under-21 DUI expungement process step by step, including the court petition, HCJDC filing, and the separate ADLRO coordination needed to clear both the criminal and administrative tracks.

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