Central Registry/Reporting Records Expungement Hawaii

Statute: § 350-2(d)

Classification
Unsubstantiated

Expunged/Sealed
Expunged promptly where:

Found to be unsubstantiated; or

Dismissed on the merits after adjudicatory hearing.

Conditions/Comments
A report is unsubstantiated only where allegations are frivolous or made in bad faith.

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Records regarding child may be retained.

Full Text of Statute

Haw. Rev. Stat. § 350-2(d) (WESTLAW through 1999 Reg. Sess.)

The Department of Human Services shall promptly expunge the reports from the central registry in cases where:

The department has found the reports to be unsubstantiated; or

The petition arising from the report has been dismissed by order of the family court after an adjudicatory hearing on the merits.

For purposes of expungement, a report is unsubstantiated only when the department has found the allegations contained therein to be frivolous or to have been made in bad faith. However, the department may retain records and information of alleged child abuse and neglect with respect to the child that is the subject of the alleged abuse.