(1) Upon the dismissal of such person and discharge of the proceeding against the person under § 712-1255, this person, if the person was not over twenty years of age at the time of the offense, may apply to the court for an order to expunge from all official records all recordation relating to the person’s arrest, indictment, or information, trial, finding of guilt, and dismissal and discharge pursuant to this section.
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Terms Used In Hawaii Revised Statutes 712-1256

  • Arrest: Taking physical custody of a person by lawful authority.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) If the court determines, after hearing, that such person was dismissed and the proceedings against the person discharged and that the person was not over twenty years of age at the time of the offense, it shall enter such order.
(3) The effect of such order shall be to restore such person, in the contemplation of the law, to the status the person occupied before such arrest or indictment or information.
(4) No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person’s failures to recite or acknowledge such arrest or indictment or information, or trial in response to any inquiry made of the person for any purpose.

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