Honolulu, HI asked in Criminal Law for Hawaii

Q: how do I apply to a district court judge to have a first time criminal property damage misdemeanor expunged

This happened 19 years ago and in court I failed to avail myself of the offer of deferred judgement. Now I am seeking to have it removed if possible as it affects my job applications.

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1 Lawyer Answer
Mark Simonds
Mark Simonds
  • Criminal Law Lawyer
  • Haiku, HI
  • Licensed in Hawaii

A: Aloha, so I assume he information you provided is accurate, in that the charge resulted in a conviction on your record. In other words, you did not receive, at the time of your sentencing, a deferred acceptance of no contest plea (‘DANC’’), or deferred acceptance of guilty plea (‘DAG”) at sentencing.

While the process to get a DANC or DAG expunged from your record would be less difficult, all may not be lost with respect to your situation. Article V, Section 5 of the Hawai’i State Constitution enables the governor, upon application, the power to grant a pardon under the circumstances,

The Hawai’i Revised Statutes, §353-72, provides as follows: The director of public safety and the Hawaii paroling authority shall consider every application for pardon which may be referred to them by the governor and shall furnish the governor, as soon as may be after such reference, all information possible concerning the prisoner, together with a recommendation as to the granting or refusing of the pardon.

If you go to the DPS website, you can obtain an application packet and instructions on how to submit it. I truly and sincerely wish you the best of luck. Everyone deserves a second chance.

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