Orders expunging juvenile arrest records

HRS §571-88, under Chapter 571.

HRS §571-88

§571-88 Orders expunging juvenile arrest records. (a) The court may issue an order expunging a juvenile arrest record of a person upon written application by the person or, if the person is a minor, the minor's parent or guardian; provided the arrest was made pursuant to section 571-11(1) or (2) and the arrest record meets the following criteria:

(b) Before issuing an order to expunge an arrest record of a matter that was never referred to the court, the court shall consult with the prosecuting attorney in the appropriate circuit.

(c) Upon issuance of an expungement order under this section, the court shall:

(d) A person whose arrest record has been expunged under this section shall not be subject to any action for perjury, civil suit, discharge from employment, or any other adverse action for responding to any question or inquiry, whether or not under oath, that the person has no record regarding the specific arrest expunged.

(e) As used in this section:

"Arrest record" means any record maintained by a county police department or the department of the attorney general under chapters 846 and 846D, relating to the arrest of the minor for a specific offense, including fingerprints taken during the arrest and maintained under section 846-2.5(b).

"Expunge" means a process defined by agency policy in which records are segregated and kept confidential, or destroyed. [L 2001, c 233, §1; am L 2002, c 26, §1; am L 2003, c 6, §1]