Table of Contents

Restoring Your Rights After a Hawaii Criminal Conviction

Having a criminal record can make life real tough. It can be hard to get a job, find housing, and do other basic stuff. But there’s hope! In Hawaii, you may be able to get your rights back after a conviction through expungement, pardons, and other legal processes.

This article will walk you through everything you need to know. We’ll talk about:

Clearing your record with expungement
Restoring voting rights
Regaining gun ownership
Getting a pardon in Hawaii

And more! Our goal here is to give you the facts in simple, easy-to-understand language. We won’t use a bunch of legal jargon that’s hard to follow. By the end, you’ll have a good grasp of the options for moving forward after a conviction in Hawaii.

Expunging Your Criminal Record in Hawaii

One of the best ways to restore your rights in Hawaii is by expunging your criminal record. Expungement is the process of sealing or destroying arrests and convictions from your record. It’s like they never happened.

Hawaii law lets you petition the court to expunge some convictions after a waiting period . Here are some key things to know:

You must wait 10 years after completion of sentence for class C felonies
5 year wait for misdemeanors and petty misdemeanors
No waiting period for violations
Convictions for violent/sexual offenses generally can’t be expunged

The process involves filing a petition in court and having a hearing . The judge will review your case and decide whether to grant expungement. They’ll look at stuff like:

How you’ve behaved since the conviction
The nature of the offense
What you’ve done to rehabilitate yourself

If approved, the conviction will be removed from your criminal record. Your rights lost because of the conviction are also restored. For example, expunging a felony conviction restores your right to vote, serve on a jury, hold public office, and own a gun in Hawaii.

Expungement offers a fresh start. Many of your civil liberties are regained. Background checks won’t turn up the expunged conviction. You can honestly say you don’t have a criminal record.

But there are some downsides too. The conviction isn’t totally erased. Law enforcement and some government agencies can still access expunged records. And the expunged conviction can be used against you if you’re convicted of another crime later. Still, expungement is usually the best path to get your rights back.

Restoring Voting Rights in Hawaii

In Hawaii, convicted felons lose the right to vote while incarcerated but automatically regain this right upon release . There is no need to apply for restoration of voting rights. As soon as your sentence is complete, you can register and vote again.

Those on probation or parole can also vote. The only exception is people convicted of electoral fraud – they permanently lose voting rights. For all other convictions, voting rights are restored after release from prison.

Make sure to update your voter registration if you’ve moved or changed your name. You can register online at https://olvr.hawaii.gov/ or submit forms by mail or in-person. Make your voice heard at the ballot box again!

Regaining Gun Ownership Rights in Hawaii

In Hawaii, state law prohibits ownership of firearms by convicted felons . This is a permanent federal ban. There is generally no way for felons to legally own guns again in Hawaii.

The only option is to apply for a governor’s pardon (more on this later). If granted a full pardon, you can petition the court to restore gun ownership rights. But pardons are hard to get in Hawaii. Very few felons ever get firearms rights back.

Some alternatives if you can’t own a gun include:

Use pepper spray or stun guns for protection
Try archery/bowhunting instead of rifles for sport
Have a spouse, family member, or friend own guns instead

Losing gun rights stinks, especially for hunters and sport shooters. But as a felon in Hawaii, there’s not much you can do besides seek a pardon or find other hobbies.

Getting a Pardon in Hawaii

A governor’s pardon is basically official forgiveness for your crime. It’s the only way to restore some lost rights like gun ownership. But pardons are hard to come by in Hawaii.

The pardon process involves applying to the parole board , who reviews your request and makes a recommendation to the governor. They’ll look at factors like:

Your post-conviction history
Evidence of rehabilitation
Whether you accept responsibility and express remorse
Support from prosecutors, victims, community

If granted, a pardon doesn’t expunge the conviction. But it restores civil rights lost under state law, like gun ownership. Some benefits are also a full pardon restores the right to hold public office and removes some employment barriers.

But pardons are rare. The parole board is very selective. They get hundreds of applications but only recommend a handful each year. The governor usually only grants a few pardons annually. So while possible, don’t count on getting one.

Conclusion

Having a criminal record limits your rights and opportunities. But there are ways to move forward in Hawaii. Expungement offers the best chance to restore your rights by sealing your record. Voting rights come back after release from prison (except for election-related convictions). And while unlikely, a governor’s pardon can help regain things like gun ownership.

The road ahead may be bumpy, but don’t lose hope. Take it one step at a time. Learn about your options. And focus on building a better future, even if you can’t change the past. You got this!