The True Cost of Sealing Your Criminal Record in Hawaii: Filing Fees and Hidden Costs
The mandatory state filing fee for a first-time expungement in Hawaii is $35, and $50 for subsequent applications, which includes a non-refundable $10 processing fee. New fingerprinting is not required, though applicants should budget for certified court records and money orders.
Clearing your criminal record in Hawaii is an excellent investment in your future. Having a clean background check opens doors to better housing in Honolulu, higher-paying jobs in Kahului, and peace of mind across the islands. However, the legal process of sealing your past is not free. The state requires applicants to cover the administrative costs of destroying physical files and updating public databases.
Many people assume the state filing fee is the only cost involved. Unfortunately, acquiring the necessary documentation to prove you are eligible for expungement comes with its own set of hidden expenses. This guide breaks down the true financial cost of clearing your name, detailing the exact fees required by the state and the hidden costs that catch many applicants off guard.
HCJDC Filing Fees: First Offense vs. Subsequent Offenses
In Hawaii, expungements are processed by the Hawaii Criminal Justice Data Center, Honolulu. Under Haw. Rev. Stat. § 831-3.2, the state has established a tiered fee structure depending on how many times you have utilized the expungement system.
When you submit Form HCJDC 159(b), Hawaii, Hawaii Criminal Justice Data Center, Expungement Application for the very first time in your life, the state filing fee is a flat $35. If you have previously successfully expunged a different arrest record in the past, the state considers you a 'subsequent' applicant, and the fee increases to $50. This fee must be paid via a cashier's check or money order made payable to the 'State of Hawaii'. Personal checks and cash are strictly rejected, and purchasing a cashier's check from your bank usually costs an additional $5 to $10.
Identity Verification: Are Fingerprints Required?
A frequent point of confusion for applicants is whether they must pay for new fingerprinting. While obtaining a certified criminal history record check through local law enforcement or the Honolulu Police Department, Honolulu requires fingerprint card fees ranging from $15 to $35, this is not required for expungement.
For an expungement application under Haw. Rev. Stat. § 831-3.2, the HCJDC does not require you to pay for new fingerprinting. Instead, you only need to submit a legible copy of your valid official government-issued photo ID along with your application form, saving you the expense and hassle of visiting a police station or private vendor for fingerprint cards.
Fees for Certified Court Dispositions
If your arrest occurred many years ago, the HCJDC might not have the final result (disposition) of your case on file. If the state cannot verify that your case was dismissed or resulted in an acquittal, they will halt your application and demand that you provide a certified court disposition.
To get this, you must physically go to the court where your case was handled, such as the Circuit Court of the First Circuit, Honolulu or the District Court of the Third Circuit, Hilo. Court clerks charge a fee to search for the record and an additional fee to certify the document with an official seal. These fees usually range from $2 to $5 per document, plus a small fee per page printed.
Potential Legal Fees and Lawyer Costs
While you are legally permitted to file an expungement application on your own, making a mistake on the paperwork will lead to rejection. Hiring a local attorney from our directory ensures your documents are flawless and relieves you of the stress of communicating with state agencies. Depending on the complexity of your past charges, legal fees for a Hawaii expungement generally range from $500 to $1,500. This is a one-time investment to secure a lifetime of clean background checks.
What Happens if an Application is Denied? Are Fees Refundable?
If you apply for an expungement and the HCJDC determines you are legally ineligible (for example, if you were convicted of the charge rather than having it dismissed), your application will be denied. However, unlike many states where the entire fee is lost, Hawaii retains only a non-refundable $10 administrative processing fee. The remainder of your payment-$25 for a first-time application or $40 for a subsequent filing-will be refunded to you by mail along with your paperwork. To avoid forfeiting the $10 processing fee and experiencing unnecessary delays, it is critical to confirm that your record qualifies under Haw. Rev. Stat. § 831-3.2 before submitting.
Estimated Cost Breakdown for a Hawaii Expungement
| Expense Category | Estimated Cost in Hawaii |
|---|---|
| State Filing Fee (First Application) | $35.00 ($10 non-refundable if denied) |
| State Filing Fee (Subsequent Application) | $50.00 ($10 non-refundable if denied) |
| Government Photo ID Copy | $0.00 (No fingerprint fees required) |
| Bank Cashier's Check or Money Order Fee | $5.00 - $10.00 |
| Certified Court Dispositions (If needed) | $5.00 - $15.00 |
| Attorney Representation (Optional) | $500.00 - $1,500.00 |
Frequently Asked Questions (FAQ)
Can I get a fee waiver for my expungement in Hawaii?
Currently, the Hawaii Criminal Justice Data Center does not offer an indigent fee waiver for the $35 or $50 expungement filing fee. The fee must be paid in full for the application to be processed.
Do I have to pay to seal juvenile records?
Juvenile records follow a different statutory process through the Hawaii Family Courts, which often involves different or no filing fees depending on the specific judicial sealing order. Adult HCJDC fees do not apply to juvenile cases.
If I have multiple dismissed charges, do I pay the fee per charge?
If all the dismissed charges stem from the exact same arrest incident (same date and booking number), it is generally considered one application and one fee. If the charges are from completely different arrest dates, you must submit separate applications and pay separate fees for each arrest.
Does the lawyer fee cover the state filing costs?
This depends entirely on your specific agreement with the attorney. Some lawyers charge a 'flat fee' that includes all state costs and postage, while others charge an attorney fee and bill you separately for the exact state filing fees.
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