Last verified: March 2026
Expungement in Hawaii: A Brief History
Cannabis expungement in Hawaii has moved from a local pilot to statewide legislation in just two years. The effort is part of a broader national movement to address the lasting harms of cannabis prohibition — lost jobs, denied housing, and restricted opportunities for people convicted of offenses that are now decriminalized or widely seen as minor.
Hawaii's decriminalization law, Act 273 (signed in 2019, effective January 11, 2020), reduced possession of 3 grams or less to a $130 civil violation with no criminal record. But that reform only applied going forward — it did nothing for the thousands of people already carrying convictions for the same conduct.
The 2024 Hawaii County Pilot Program
In 2024, Hawaii County (Big Island) launched a groundbreaking expungement pilot that cleared 1,321 cannabis-related records. This was the first large-scale cannabis expungement effort in the state and demonstrated both the feasibility and the demand for broader reform.
The pilot targeted convictions for possession of small amounts of cannabis — offenses that would now be treated as civil violations under Act 273. By clearing these records, the program restored eligibility for housing, employment, and other opportunities that a criminal record can block.
HB 132 (2025): Statewide Expungement
HB 132, enacted in the 2025 legislative session, streamlines marijuana conviction expungement across all four counties in Hawaii. The bill builds on the success of the Hawaii County pilot and creates a standardized process for clearing eligible records statewide.
Key provisions of HB 132:
- Statewide scope. Expungement is no longer limited to a single county — eligible individuals in Honolulu, Maui, Kauai, and Hawaii County can all seek relief.
- Streamlined process. The bill simplifies the steps required to petition for expungement, reducing the burden on individuals navigating the legal system.
- Focus on low-level offenses. The primary targets are convictions for possession of small amounts of cannabis, particularly 3 grams or less — the same threshold now decriminalized under Act 273.
Who Qualifies for Expungement?
Expungement eligibility in Hawaii currently focuses on individuals with convictions for possession of 3 grams or less of cannabis — the same conduct that Act 273 decriminalized in 2020. If you were convicted of possessing a small amount of marijuana before decriminalization took effect, you may be eligible to have that record cleared.
General eligibility criteria include:
- The conviction was for simple possession of 3 grams or less of cannabis
- No violent offenses or other disqualifying convictions on the same case
- The offense occurred in the State of Hawaii
How the Process Works
Hawaii's expungement process involves two potential pathways:
Automatic Expungement
Under the Hawaii County pilot, some records were cleared automatically through a review of court records — no petition required from the individual. HB 132 aims to expand elements of this automatic approach statewide, though the specific implementation varies by county.
Petition-Based Expungement
For cases not covered by automatic review, individuals can file a petition for expungement. The general steps include:
- Determine eligibility. Review your criminal record to confirm the conviction qualifies (possession of 3g or less).
- Obtain your records. Request your criminal history from the Hawaii Criminal Justice Data Center (HCJDC).
- File the petition. Submit the expungement petition to the court in the county where the conviction occurred.
- Court review. A judge reviews the petition. In many cases, no hearing is required for eligible offenses.
- Record cleared. If approved, the conviction is expunged from your criminal record.
Why Expungement Matters
A cannabis conviction — even for a tiny amount — can follow a person for decades. In Hawaii, the consequences can include:
- Employment barriers: Background checks can disqualify applicants from jobs, especially in tourism, healthcare, and government
- Housing denials: Landlords routinely screen for criminal records, and Hawaii's housing market is already among the most competitive in the nation
- Professional licensing: Some professional licenses require a clean criminal record
- Educational access: Financial aid and admissions can be affected by drug convictions
- Immigration consequences: For non-citizens, even a minor cannabis conviction can trigger deportation proceedings
Clearing these records does more than remove a line from a database — it restores opportunities and reduces the long-term harm of policies that disproportionately affected Native Hawaiian, Pacific Islander, and low-income communities.
Advocacy & Support Organizations
Several organizations have been instrumental in advancing cannabis expungement in Hawaii:
- Hawaii Alliance for Cannabis Reform (HACR) — the broad coalition (ACLU of Hawaii, MPP, Last Prisoner Project, Council for Native Hawaiian Advancement) that has pushed for comprehensive reform including expungement. See our organizations page.
- Last Prisoner Project — national organization focused on freeing people incarcerated for cannabis offenses and supporting record clearing. A key member of HACR.
- Drug Policy Forum of Hawaii (DPFH) — Hawaii's longest-running drug policy reform organization, active in expungement advocacy since 1993.
For a full list of Hawaii cannabis advocacy groups, see our Organizations & Advocacy page.
Act 273 (2019) decriminalized possession of 3 grams or less of marijuana, effective January 11, 2020, reducing the offense to a $130 civil violation. HB 132 (2025) streamlines the expungement of marijuana convictions statewide.
Hawaii State Legislature
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