How DAG and DANC Pleas Affect Your Ability to Expunge a Record in Hawaii
In Hawaii, completing a Deferred Acceptance of Guilty (DAG) or Deferred Acceptance of No Contest (DANC) plea results in a dismissed case, which is eligible for expungement. However, you must generally wait one year after the official court dismissal date before applying to clear your record.
When facing criminal charges in Hawaii for the first time, many defendants are offered a unique legal pathway known as a DAG or DANC plea. These deferred pleas are designed to give first-time offenders a second chance by keeping a permanent conviction off their record. However, merely completing your probation and having the case dismissed does not automatically erase the arrest from background checks. The record will still exist and can be seen by employers in Honolulu, Maui, and Kauai until you proactively go through the formal expungement process. Because the timing and paperwork rules surrounding deferred pleas are highly specific, finding a knowledgeable criminal record attorney through our USA Lawyer Directory is the safest way to ensure your record is permanently cleared.
Understanding DAG and DANC Pleas in Hawaii
To understand your expungement eligibility, you must first understand how your case was resolved. Under Haw. Rev. Stat. § 853-1, a judge can grant a Deferred Acceptance of Guilty (DAG) or a Deferred Acceptance of No Contest (DANC) plea. In these situations, you enter a plea, but the judge purposefully delays accepting it. Instead, the court places you on a probationary period with strict conditions, such as taking anger management classes, paying restitution, or performing community service. If you successfully complete all the conditions, the judge dismisses the original charge entirely.
How a Dismissal Under DAG/DANC Differs From an Acquittal
An acquittal means you went to trial and a jury found you "not guilty." A DAG/DANC dismissal means you admitted fault (or chose not to contest it), but the state rewarded your rehabilitation by dropping the case. From an employment standpoint, both results mean you do not have a criminal conviction. However, from an expungement standpoint, the state of Hawaii treats them differently when it comes to waiting periods. Precedents like State v. Shannon, 118 Haw. 15 (HI Supreme Court 2008) illustrate the strict statutory frameworks surrounding deferred pleas and emphasize that the terms of the deferral must be fully met before the court grants a dismissal.
The Waiting Period After Probation Ends
This is the most common area of confusion for Hawaii residents. The moment your probation ends and the judge strikes the gavel to dismiss your case, your record is not yet eligible for expungement. Under Hawaii's expungement statutes, specifically Haw. Rev. Stat. § 831-3.2, a waiting period applies. If your case was dismissed following the successful completion of a DAG or DANC plea, you must typically wait exactly one year from the date the judge signed the final Order of Dismissal before you can file your application with the state. Applying even one day early will result in an automatic denial and the loss of your application fee.
Securing Specific Paperwork from Hawaii Courts
To prove to the Hawaii Criminal Justice Data Center that you are eligible for an expungement, you must provide absolute proof that the DAG/DANC was completed and the case was dismissed. You cannot simply tell the state you finished probation. You or your attorney must go to the court where your case was heard-such as the District Court of the First Circuit, Honolulu or the Second Circuit Court, Wailuku-and request a certified copy of the final dismissal order. This certified document must be attached to Form HCJDC-159(b), Hawaii, Hawaii Criminal Justice Data Center, Expungement Application.
Cost and Timeline
- Court Document Fees: Retrieving your certified DAG/DANC dismissal paperwork from the court clerk usually costs about $2 to $5 per page.
- State Application Fee: The Hawaii Criminal Justice Data Center charges a non-refundable $35 fee for processing your first expungement application.
- Attorney Fees: Lawyers generally charge between $800 and $1,500 to pull the archived court files, calculate the exact waiting period, and manage the expungement process from start to finish.
How Long Does the Process Take?
Remember, the timeline is two-fold. First, you must wait the mandatory 1-year period after your DAG/DANC dismissal date. Once that year has passed and your attorney files the application, the HCJDC typically takes 4 to 6 months to process the request, seal the arrest record, and issue your official Expungement Certificate. The entire timeline from the day you finish probation to the day your record is clean is roughly one and a half years.
Frequently Asked Questions (FAQ)
What happens if I failed my DAG/DANC probation?
If you violated the terms of your deferral, the judge will formally accept your original guilty or no-contest plea and enter a permanent criminal conviction on your record. In Hawaii, convictions generally cannot be expunged.
Does a DAG/DANC count as a conviction on a job application?
No. Once the case is dismissed, you do not have a conviction. However, the arrest record will still show up on a background check until you complete the formal state expungement process.
Can I get a DAG for a DUI in Hawaii?
No. Under Hawaii law, Deferred Acceptance of Guilty pleas are statutorily prohibited for Driving Under the Influence (DUI) offenses, as well as certain violent crimes and domestic abuse charges.
Will the expungement erase the court record too?
An expungement officially seals the arrest record held by law enforcement and the Attorney General. Under Haw. Rev. Stat. § 831-3.2(f), the HCJDC automatically transmits expungement orders directly to the Hawaii State Judiciary to seal and remove qualifying case records from the publicly accessible eCourt Kokua database.
No reviews yet. Be the first to share your experience!