This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Hawaii USLegal Pamphlet on Pardons or Clemency
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COMPLETE THE STATE OF HAWAII PARDON APPLICATION FORM IN BLACK INK AND ENSURE IT IS SIGNED BEFORE A NOTARY PUBLIC. YOU WILL NEED TWO (2) PEOPLE (WHO PERSONALLY KNOW YOU) TO COMPLETE THE CHARACTER AFFIDAVITS. THE AFFIDAVITS MUST ALSO BE COMPLETED IN BLACK INK AND SIGNED BEFORE A NOTARY PUBLIC.
§831-3.2, Hawaii Revised Statutes (HRS), authorizes the expungement of non-conviction arrest information. Arrest records will be expunged from the arresting agency and the statewide central repository of adult criminal history record information. Records may still be retained and made available by the courts.
In Hawaii, the expungement of criminal records is available for some offenses, such as: Felony and misdemeanor that did not result in a conviction. Convictions for first time drug-related crimes as seen in §706?622.5. Convictions for a DUI of persons under the age of 21, ing to §291E?0064(e).
For the most serious class of felonies, other than murder, a six-year period is set, while for the other classes of felonies, three years is deemed sufficient. Consistent with prior law, a two-year period is set for misdemeanors. Prosecution for petty misdemeanors and violations must be commenced within one year.
Clemency is a general term used for the act of reducing the penalties of a crime, similar to a commutation. Also, pardons are actually considered a form of clemency. If you receive a pardon, you are always receiving clemency, but if you receive clemency, you are not always receiving a pardon.
In 2022, the Colorado Legislature passed a Clean Slate law - SB22-099 - that automates the record sealing process for many past conviction records. Begining in July of 2024, you may have a past record that is eligible for automatic sealing.
APPLICATION FORM The fee for a first-time expungement is $35. ... Payment of fee must be made by cashier's check or money order made payable to the ?State of Hawaii?. ... All qualifying charges will be expunged from your arrest record. The expungement process takes 120 days to complete.
In Hawaii, an individual may expunge: The majority of adult felony and misdemeanor arrest records as well as criminal charges that did not result in a conviction; Convictions for first-time, drug-related offenses; and. Convictions for DUI while under the age of 21.