Can i get a non-violent felony conviction removed from my record? Or how long does it remains on my record?
M.D., Member, California And New York Bar / FreeAdvice Contributing Attorney Answered 5 years ago| Contributor
You did not give much by way of details.
In Hawaii an expungement is available if:
1. A juvenile who was arrested but never tried and convicted of the charges. Hawaii Statutes § 571-88.
2. A person who was dismissed and the proceedings against the person discharged was not over twenty years old at the time of the offense. Hawaii Statutes § 712-1256.
3. A person who is a non-violent first-time drug offender who completes probation and treatment and has never had an expungement order for a similar offense. Hawaii Statutes §706-622.5.
4. A person charged with or arrested for a crime but not convicted. Expungement is not eligible if:(1) In the case of an arrest for a felony or misdemeanor where conviction has not been obtained because of bail forfeiture;
(2) For a period of five years after arrest or citation in the case of a petty misdemeanor or violation where conviction has not been obtained because of a bail forfeiture;
(3) In the case of an arrest of any person for any offense where conviction has not been obtained because the person has rendered prosecution impossible by absenting oneself from the jurisdiction;
(4) In the case of a person acquitted by reason of a mental or physical defect under chapter 704; and
(5) For a period of one year upon discharge of the defendant and dismissal of the charge against the defendant in the case of a deferred acceptance of guilty plea or nolo contendere plea, in accordance with chapter 853. Hawaii Statutes § 831-3.2.
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