[HI] How do I expunge a charge for which I wasn’t convicted?

Lexi, Chatbot

I understand how overwhelming this situation must be for you. Can you tell me more about the specific charges or convictions that are currently on your record?

Lexi, Chatbot

Have you already attempted to start the expungement process, or is this something you are looking to pursue now?

Lexi, Chatbot

Is there anything else the criminal lawyer should know before I connect you? Rest assured they’ll be able to help with your contempt of court issue.

Blake

Hello, my name is Blake and I’m a licensed attorney — happy to help you today. First of all, how long ago did this happen, and where was it located?

Blake

I completely understand your frustration — what you describe sounds disproportionate to what began as a very minor traffic infraction (HRS §291-25).

Why This Happened

When you missed your original court date, the court likely issued a bench warrant for “failure to appear.” In Hawaii, that’s treated as contempt of court (HRS §710-1077). Once a warrant is issued, it gets entered into national databases, which is why you now have an FBI number linked to the matter. The headlight violation wasn’t the real problem — it was the missed appearance and how the court recorded it.

Why It Still Haunts You

Even though this happened 20–25 years ago, old court records and contempt entries can remain in federal databases indefinitely. Canada’s border authorities are strict and will flag anything resembling a criminal record, even a minor contempt entry.

What You Can Do Now

• Record Expungement / Sealing (Hawaii): You can petition the court to expunge or seal non-felony matters, especially old misdemeanors and contempt cases (HRS §831-3.2).
• Vacate the Conviction: You may be able to ask the court to vacate the contempt finding if you can show you didn’t fully understand what you were pleading to.
• Federal Database Correction: Once the state clears it, the update goes to federal databases and removes your FBI record.
• Canadian Travel Waiver: You can also apply for a Temporary Resident Permit or “rehabilitation” through the Canadian consulate to restore entry rights.

Next Steps

1. Obtain your Hawaii court record and FBI “Identity History Summary.”
2. Hire a Hawaii criminal defense attorney experienced in expungements or post-conviction relief.
3. If travel is urgent, apply for a Canadian entry waiver while you work on clearing your record.

Does this answer your question and do you understand the answer completely?

Blake

Great questions — here’s what to expect:

Cost:

• Flat fee: usually $1,500–$3,000 for an expungement or motion to vacate.
• Hourly: $250–$450/hour, depending on experience.
• Court filing fees: about $30–$60.
• Record retrieval costs (if archived): small administrative fees.

Timeline:

• Record retrieval: 2–6 weeks.
• Expungement process: about 3–6 months.
• Motion to vacate (if needed): 6–12 months, depending on court backlog.

Because your case is old and minor, courts are often sympathetic and want to clear these kinds of records quickly.

Blake

Technically, yes — you can do it yourself, but here’s the honest comparison:

Doing It Yourself:

• You can file your own expungement motion or request records via the Hawaii Judiciary website.
• Filing fees are low, but paperwork must be precise, and you may need to appear at a hearing.

Why Hire an Attorney:

• Because the issue involves contempt (not just a traffic ticket), it’s more complex.
• Attorneys know how to cite the correct statutes, format motions, and make sure databases like the FBI’s are updated correctly.
• A lawyer can also handle archived records and follow through until the matter is cleared everywhere.

Recommended Approach:

If you’re comfortable with paperwork, you could start by pulling your records yourself. But for complete resolution — especially if you want to fix the border issue — hiring a Hawaii attorney is worth it.

Blake

You’re very welcome! Take care, and I wish you the best in clearing this up once and for all.