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In Hawaii, being convicted of an OVUII—Operating a Vehicle Under the Influence of an Intoxicant—can lead to long-term consequences that extend well beyond court dates and fines. One of the most frequently asked questions from individuals with past offenses is whether they can clear that conviction from their record. In other words: Can an OVUII be expunged or sealed in Hawaii?
This post explores the legal process and limitations related to expungement in Hawaii, specifically focusing on OVUII convictions. We’ll clarify what expungement means, who qualifies, and what options exist—if any—for removing or restricting access to OVUII records in the state.
Hawaii has strict laws about which types of offenses can be expunged or sealed, and OVUII convictions are generally not included. Whether you’re trying to clear your record or simply learn what’s possible after an OVUII case, this post provides a clear, factual breakdown of what to expect in Hawaii.
What Expungement Means in Hawaii
Expungement is the legal process that removes a record of an arrest or criminal charge from public access. In Hawaii, this process is managed by the Hawaii Criminal Justice Data Center (HCJDC). If granted, an expungement does not erase the record entirely—it restricts its visibility, primarily shielding it from non-governmental background checks.
However, not all cases qualify for expungement. In Hawaii, eligibility is extremely limited and mostly applies to cases that did not result in a conviction. That includes:
- Charges that were dismissed with prejudice
- Acquittals (not guilty verdicts)
- Certain juvenile offenses
A conviction—especially for a criminal offense like OVUII—does not qualify for standard expungement in Hawaii. This makes the state’s approach much stricter than some other jurisdictions, where certain DUI convictions may be sealed or cleared after a period of time.
OVUII Convictions Are Not Eligible for Expungement
Hawaii law is clear: If you were convicted of OVUII, you cannot have that conviction expunged. The law separates arrests from convictions, and only non-conviction records are eligible for expungement under state rules.
OVUII is considered a criminal offense in Hawaii, not a traffic infraction. Even a first-time OVUII offense is typically classified as a misdemeanor, and repeat offenses can result in felony charges. Once the court enters a conviction into the system, it becomes a permanent part of your criminal record.
This means:
- The conviction remains visible to employers, housing providers, and licensing boards
- The conviction can be seen during background checks indefinitely
- The offense continues to exist in both criminal and driving record systems
If you were not convicted—for example, if the case was dismissed or you were found not guilty—you may be eligible to request an expungement. But once the court rules guilty and issues a conviction, that entry cannot be removed or sealed under Hawaii law.
What About Sealing Records Instead of Expunging?
Unlike some states, Hawaii does not have a standard process for sealing adult criminal records. Sealing is typically used in other states to restrict access to convictions that can’t be fully expunged, but Hawaii does not provide this option for OVUII cases.
There is no mechanism in place to:
- Seal OVUII convictions from public view
- Limit access to OVUII records after a certain number of years
- Automatically reduce the visibility of an OVUII over time
Because of this, the idea of “sealing” an OVUII in Hawaii is not applicable. Once it’s on your record, it stays visible unless it qualifies for non-conviction expungement.
Can Juvenile OVUII Offenses Be Expunged?
In some limited cases, juvenile offenses may be eligible for expungement in Hawaii—but only under specific conditions. If an OVUII occurred when the individual was under the age of 18, and if the case was handled in family court rather than criminal court, it may qualify for future expungement.
However, if the juvenile was charged and convicted as an adult—which can happen depending on the circumstances—then the expungement restrictions that apply to adult cases will also apply.
As with adult offenses, expungement for juveniles is not automatic. A formal application must be submitted to the Hawaii Criminal Justice Data Center, and approval is not guaranteed.
Alternatives to Expungement in Hawaii
If expungement or sealing isn’t an option for your OVUII conviction, are there other steps you can take? While you can’t remove the record itself, you can work on minimizing its impact in other ways:
- Maintain a clean record moving forward, which may be taken into account during job or licensing applications
- Be honest on applications that ask about convictions, and explain the situation if permitted
- Gather character references or documentation of rehabilitation (e.g., completion of courses or volunteer work)
- Review your driving record regularly to understand what’s visible to insurers or employers
In certain contexts, time and responsible behavior can help offset the presence of a past OVUII, even if the conviction itself remains.
Understanding the Long-Term Impact of an OVUII
The inability to expunge or seal an OVUII in Hawaii means that the record can continue to affect you in the following areas:
- Employment: Employers may conduct background checks that reveal OVUII convictions, especially in jobs related to driving or public safety.
- Housing: Landlords may view criminal records when evaluating rental applications.
- Professional Licensing: Convictions can complicate the process of applying for or renewing licenses in healthcare, law, education, and other regulated industries.
- Insurance Rates: A related driving record entry may keep premiums high for years.
Because the record cannot be erased, the key to moving forward is understanding how to manage its visibility and respond transparently when necessary.
FAQ: OVUII Expungement in Hawaii
Can I expunge an OVUII if I was found guilty?
No. Hawaii law does not allow expungement of OVUII convictions.
What if my OVUII charges were dismissed?
You may qualify for expungement if the case was dismissed with prejudice or if you were found not guilty.
Can OVUII records be sealed in Hawaii?
No. Hawaii does not offer a standard sealing process for adult criminal records.
Do OVUII convictions ever fall off my record automatically?
No. A conviction stays on your criminal record permanently in Hawaii.
Can juvenile OVUII cases be expunged?
Possibly. Some juvenile records may qualify for expungement, but it depends on how the case was handled.
Will a future employer see my OVUII conviction?
Yes. Criminal background checks typically reveal OVUII convictions in Hawaii.
Are there any benefits to applying for expungement even if I was convicted?
No. Expungement is only available for non-conviction records under Hawaii law.
Conclusion
In Hawaii, an OVUII conviction cannot be expunged or sealed, making it a permanent part of your criminal record. This means the offense may continue to affect employment, licensing, and other aspects of life long after the court case ends. The state’s strict expungement rules only apply to cases that did not result in a conviction, limiting options for those seeking to clear their records.
To better understand the lasting effects of OVUII records in Hawaii, visit our complete guide on DUI Records and Long Term Impact.
You can also read more about how long these offenses stay on your record in our post: How Long a DUI Stays on Your Record.