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Frequently Asked Questions
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What is the purpose of the HCJDC 159 form?
The HCJDC 159 form is an application for the expungement of arrest records in Hawaii. Individuals who have been arrested but not convicted of a crime can use this form to request that their arrest records be cleared. This process can help individuals move forward without the stigma of an arrest record affecting their personal and professional lives.
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Do I need to provide my social security number and thumbprint?
You may leave the spaces for your social security number and right thumbprint blank. There is currently no law that requires you to provide this information. However, if you choose to include them, they will only be used to verify the correct arrest record for expungement purposes, should you qualify under Hawaii Revised Statutes, Section 831-3.2.
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What information do I need to include on the form?
When filling out the HCJDC 159 form, you will need to provide your current name, any other names you have used, date of birth, place of birth, and your home address. Additionally, you must list the details of the alleged offenses, including the dates of arrest and court appearances. This information is crucial for the processing of your application.
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What are the fees associated with submitting the HCJDC 159 form?
The fee for submitting the HCJDC 159 form is $35.00 for first-time applicants and $50.00 for all others. Payments must be made via cashier’s check or money order payable to the State of Hawaii. If you are submitting your application in person at the Hawaii Criminal Justice Data Center (HCJDC), cash will be accepted. Please note that personal or business checks are not accepted.
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Where should I send my completed application?
Once you have completed the HCJDC 159 form and included the appropriate fee, you should mail your application to the following address:
Arrest Records Expunger
Hawaii Criminal Justice Data Center
Department of the Attorney General
465 S. King Street, Room 101
Honolulu, Hawaii 96813
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Steps to Writing Hcjdc 159
Completing the HCJDC 159 form is an important step toward having your arrest records expunged. It’s essential to fill out this form accurately to ensure that your application is processed smoothly. Below are the steps to guide you through filling out the form.
- Begin by writing your current name in the designated space, including your last name, first name, and middle name.
- Indicate your sex by marking either M (male) or F (female).
- List any other names used in the appropriate section.
- Fill in your date of birth in the specified format.
- Although optional, if you choose to provide it, enter your social security number.
- Provide your place of birth in the designated area.
- Complete your home address, including city, state, and zip code.
- Write down your telephone number.
- In the section regarding alleged offenses, list the date of arrest, place of arrest, and date of last court appearance for each offense.
- If applicable, indicate your request for the return of fingerprints and photographs if no record of conviction is found.
- Declare that you are not a fugitive from justice in the provided space.
- Provide a mailing address for all correspondence related to your application.
- Write the date of filling out the form.
- Sign the form in the applicant’s signature section.
- Prepare your payment. First-time applicants owe $35.00, while all others owe $50.00. Payment must be made via cashier’s check or money order made out to the State of Hawaii. Cash is acceptable if paying at HCJDC, but personal or business checks are not.
- Finally, return the completed application along with the payment to the specified address: Arrest Records Expunger, Hawaii Criminal Justice Data Center, Department of the Attorney General, 465 S. King Street, Room 101, Honolulu, Hawaii 96813.
Misconceptions
Understanding the HCJDC 159 form is crucial for anyone seeking to expunge their arrest records in Hawaii. However, several misconceptions can lead to confusion and potentially hinder the application process. Here are eight common misconceptions explained:
- Social Security Number is Mandatory: Many believe that providing their social security number is a requirement. In reality, you can leave this space blank as it is not legally required.
- Thumbprint Submission is Required: Similar to the social security number, applicants often think they must submit their right thumbprint. This is not true; it is optional and can be left blank.
- Expungement Guarantees Record Deletion: Some assume that filing this form automatically results in the removal of their arrest records. However, expungement is contingent upon meeting specific legal criteria.
- All Arrests Qualify for Expungement: It is a misconception that any arrest can be expunged. Only arrests without a conviction may be eligible for expungement under Hawaii law.
- Only First-Time Applicants Pay a Lower Fee: There is a belief that only first-time applicants pay the lower fee of $35. In fact, all subsequent applications incur a fee of $50, regardless of previous submissions.
- Applications Can Be Submitted via Email: Some individuals think they can submit the application electronically. However, the application must be mailed or delivered in person to the specified address.
- Personal Checks Are Accepted: It is a common misunderstanding that personal checks can be used to pay the application fee. The form explicitly states that only cashier’s checks, money orders, or cash are acceptable.
- Expungement is Automatic After Submission: Many applicants mistakenly believe that once they submit the form, their records will be automatically expunged. The process involves a review and approval from the appropriate authorities.
By addressing these misconceptions, individuals can better navigate the expungement process and increase their chances of success.