Expunging and Sealing Federal Convictions in Hawaii
Having a criminal record can make life real tough. It can be hard to get a job, rent an apartment, or do other normal stuff. If you got a federal conviction in Hawaii, you might be able to get it expunged or sealed. This article explains what those words mean and how you can clean up your record.
What is Expungement?
When a conviction is expunged, it’s taken off your record like it never happened. The court destroys or seals all the records so no one can see you were convicted. Employers and landlords doing background checks won’t see it. It’s like getting a fresh start. Not all convictions can be expunged though. It depends on the type of crime and other factors. Minor drug crimes and nonviolent offenses are sometimes eligible.
What is Sealing?
Sealing a conviction keeps the records from being seen by the general public. The records still exist but are unavailable without a court order. Government agencies like law enforcement can still see sealed records. Sealing is easier to get than expungement. More serious crimes can often be sealed even if they can’t be wiped out completely.
Federal vs. State Convictions
If you were convicted in a Hawaii state court, you need to follow Hawaii law on expungement and sealing. This article is about federal convictions from U.S. District Court. The process is different. You need to look at federal law and the policies of the U.S. Department of Justice.
Expunging Federal Convictions
It’s rare for federal convictions to be expunged. Federal expungement law mostly focuses on arrests that didn’t lead to a conviction. But there are a few circumstances where federal convictions can be erased.
Non-Conviction Dispositions
If your case ended without a formal conviction, you may be able to get it expunged. Examples include completing pretrial diversion or if the charges were dismissed. Talk to your lawyer if you weren’t technically convicted.
Acquittals
If a jury found you not guilty, you can request expungement of the arrest and court records. Being acquitted means you’re presumed innocent and shouldn’t have to keep defending against false charges.
Pardons
If the President of the United States pardons you, it’s possible to get the conviction expunged. Pardons are rare though. You have to show you were unfairly convicted and deserve mercy. Clearing your record is a bonus benefit.
Sealing Federal Convictions
While full expungement is hard to get, many federal convictions can be sealed. Federal courts can seal records for convictions under these circumstances:
First Offenders
People with only one minor conviction may request sealing after waiting a period of time. Examples are low-level drug possession charges or nonviolent property crimes. If you stay out of trouble, show remorse, and comply with all probation terms, you’ve got a good shot.
Acquitted Charges
If you beat some charges but were convicted of others in the same case, you can ask the court to seal the acquitted charges. It helps prevent prejudice from false accusations.
Juvenile Records
Federal juvenile records are usually sealed when you turn 21 unless you commit more crimes as an adult. Some states automatically seal federal juvenile records too. Talk to an attorney about options.
Wrongful Convictions
If evidence shows you were wrongfully convicted, you can request sealing after being exonerated. It helps restore your reputation and reduce unfair bias.
How to Get Federal Convictions Expunged or Sealed
The process for cleaning up federal convictions involves both federal court and the DOJ. Here are the basic steps:
- Get your criminal records from the court and the FBI
- Review eligibility requirements
- File a petition in federal court requesting expungement or sealing
- Serve the petition on the U.S. Attorney’s Office
- Attend the hearing and explain why you deserve relief
- If approved, get certified copies of the court order
- Send the order to all agencies that have your records
- Follow up to confirm records are updated
It’s a complicated process with strict deadlines and many details. Having an experienced federal criminal defense lawyer helps a ton. They can navigate the rules and give you the best chance to put mistakes behind you.