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Guide to Writing Hcjdc 159

Filling out the HCJDC 159 form is a crucial step towards having an arrest record expunged, which means clearing an arrest from your record if no conviction was secured. Proceed with accuracy and attention to detail to ensure your application is processed smoothly. Below are step-by-step instructions.

1. Current Name: Write your legal name, starting with your last name, followed by your first and middle names.
2. Sex: Check the appropriate box to indicate your gender (M for male, F for female).
3. Other Names Used: List any other names you have used in the past.
4. Date of Birth: Fill in your date of birth in the format provided (Month/Day/Year).
5. Social Security Number: You may leave this blank. If you choose to provide it, enter your Social Security Number.
6. Place of Birth: Enter your place of birth (City, State, Country).
7. Home Address: Provide your complete home address, including city, state, and zip code. Include your telephone number.
8. Offense Details: For each alleged offense that has not led to a conviction, provide the date of the offense, place of arrest, date of the last court appearance, and the date of arrest.
9. Fingerprints and Photographs: If applicable, indicate your request for the return of fingerprints and photographs by ensuring this section is completed in line with your details.
10. Declaration: Confirm that you are not a fugitive from justice by signing the declaration.
11. Mailing Address: Provide a mailing address where all correspondence should be sent.
12. Date and Signature: Enter the current date and sign the form to validate your application.
13. Fee Amount: Note the appropriate fee amount ($35.00 for first-time applicants or $50.00 for all others).
14. Prepare a cashier’s check or money order made payable to State of Hawaii. Remember, personal or business checks are not accepted. If paying in person at HCJDC, cash is accepted.
15. Right Thumbprint: Press your right thumb on an ink pad and then onto the space provided for your thumbprint, if you choose to include it.
16. Mail the completed application along with the cashier’s check or money order to the Arrest Records Expunger, Hawaii Criminal Justice Data Center, Department of the Attorney General, 465 S. King Street, Room 101, Honolulu, Hawaii 96813.

Once submitted, your application will undergo a review process. The outcome will be communicated to you through the mailing address provided. It's important to ensure that all the information on the form is accurate and complete, to avoid any delays or issues in the expungement process.

1. What is the HCJDC 159 form used for?

   The HCJDC 159 form is an application used to request the expungement of arrest records in Hawaii. If an individual has been arrested but not convicted for a particular offense, this form allows them to apply for the removal of that arrest record, meaning it will no longer be publicly accessible. This includes the erasure of fingerprints and photographs associated with the arrest, provided the applicant has no record of conviction for the offense(s) listed in their application.

2. Are there any special requirements for the social security number and thumbprint fields on the form?

   The fields on the HCJDC 159 form requesting your social security number and right thumbprint are optional. There is no current law or regulation mandating that applicants provide this information. However, if this information is provided, it will be used solely for the purpose of ensuring that the correct arrest record is expunged, assuming the applicant qualifies for expungement under Hawaii Revised Statutes, Section 831-3.2.

3. How much does it cost to apply for expungement using the HCJDC 159 form?

   The fee for applying for an expungement with the HCJDC 159 form varies depending on whether it's the applicant's first time applying. For first-time applicants, the fee is $35.00. For all subsequent applications, the fee increases to $50.00. Payment must be made via cashier’s check or money money order payable to the State of Hawaii. If the payment is being made at the HCJDC office, cash is accepted, but personal or business checks are not.

4. Where should the completed HCJDC 159 form and payment be sent?

   Once the HCJDC 159 form is filled out and the appropriate fee is prepared, the application and payment should be mailed to the Arrest Records Expunger at the Hawaii Criminal Justice Data Center, part of the Department of the Attorney General. The specific address to send these materials to is 465 S. King Street, Room 101, Honolulu, Hawaii, 96813. This is the official submission point for all expungement applications processed in the state.

Filling out the HCJDC 159 form, an application for expungement of arrest records in Hawaii, requires attention to detail and understanding of the instructions. A number of common mistakes can affect the process of your application. Here are ten mistakes to avoid for a smoother expungement application process:

1. Not reading the instructions carefully before starting to fill out the form.

2. Filling in the social security number and right thumbprint when it's optional, without understanding the implications.

3. Forgetting to list all names you have used in the past, which can lead to incomplete or incorrect background checks.

4. Omitting the date of birth or providing an incorrect date, hindering the verification of your arrest record.

5. Leaving the contact information section incomplete, which may cause delays if the department needs to communicate with you.

6. Including personal or business checks for the fee, despite the clear instruction that only cashier's check, money order, or cash (if paying at HCJDC) are accepted.

7. Incorrectly filling out the arrest information, such as the dates and places of arrest and last court appearance, which are crucial for identifying the correct record.

8. Not declaring the non-fugitive from justice status, which is a necessary affirmation for the process.

9. Failing to sign the application, which is a mandatory step for the form to be processed.

10. Misunderstanding the eligibility for expungement under Hawaii Revised Statutes, Section 831-3.2, and applying for expungement of a conviction record instead of arrest record.

While these mistakes are common, they can significantly delay or even jeopardize the expungement process. Applicants should also provide accurate and complete information and double-check their application form before submission. Being thorough and cautious when completing the HCJDC 159 form can lead to a successful expungement of arrest records.

When someone embarks on the journey to clear their arrest record in Hawaii, the HCJDC 159 form, also known as the Application for Expungement of Arrest Records, serves as a critical first step. However, this process often involves submitting additional documentation to ensure the application is processed smoothly and efficiently. Each document serves a unique role in supporting the applicant's request for expungement.

• Personal Statement - This document allows applicants to narrate their personal journey, explaining the circumstances leading to the arrest and why expungement is sought. It's an opportunity to provide a human element to the application.
• Proof of Identity - A government-issued photo ID, such as a driver’s license or passport, is required to verify the applicant's identity. This measure ensures the expungement request is legitimate.
• Court Disposition - This document outlines the final outcome of the case related to the arrest. It proves whether the case was dismissed, resulted in an acquittal, or if a conviction was later overturned.
• Police Report - A copy of the original arrest report can be instrumental in providing details about the incident, which might be necessary for processing the expungement.
• Fingerprint Card - Applicants might need to submit a new set of fingerprints to assist in the accurate identification and removal of arrest records from the database.
• Character References - Letters from respected community members or professionals who can attest to the applicant’s character and rehabilitation can strongly support the case for expungement.
• Proof of Rehabilitation - Documents that demonstrate efforts at rehabilitation, such as completion of educational programs or substance abuse treatment, may enhance the application.
• Fee Payment Receipt - Since the form specifies a fee for application processing, keeping a receipt of the payment can serve as proof that the required fee has been submitted..ul>

  Completing the HCJDC 159 form is merely the beginning of a journey toward clearing one's name. By compiling the necessary supplementary documents, applicants can fortify their petition and increase the chances of receiving a favorable decision. Through careful preparation and attention to detail, individuals can navigate the complex process of expungement and move towards a brighter future. Through such diligence, hope and a fresh start become far more accessible.

The HCJDC 159 form, employed for the expungement of arrest records in Hawaii, shares similarities with other legal documents designed for rectifying or updating one's personal legal history. This form's procedural nature and intent draw parallels to other forms and applications across different jurisdictions and legal processes. By acknowledging the resemblance, we can better appreciate the vast array of tools available for individuals seeking to amend or expunge parts of their legal records.

Application for Change of Name

Like the HCJDC 159 form, the Application for Change of Name, often utilized in various states, is a formal request to legally alter one’s identifying information. Both documents require detailed personal information, including current legal name, other names used, date of birth, and a specific request—be it expungement of arrest records or a change of name. They serve the purpose of updating personal records to reflect one’s current legal and social status more accurately. However, while the HCJDC 159 form focuses on the removal of arrest records from public access, the Change of Name application facilitates a legal identity shift.

Petition for Non-Disclosure

Another document resembling the HCJDC 159 form is the Petition for Non-Disclosure, found within jurisdictions that allow individuals to seal their criminal records from being publicly accessible. Both the HCJDC 159 form and the Petition for Non-Disclosure aim at improving the petitioner’s privacy and prospects by legally limiting access to certain past actions. They necessitate a detailed account of the events or records in question and a legal basis justifying why these records should not impact the petitioner’s future opportunities. The key difference lies in the coverage: expungement typically results in the deletion or removal of the record, whereas non-disclosure hides the record from public view, still keeping it accessible for law enforcement and certain governmental bodies.

Request for Criminal Record Review

The HCJDC 159 form also mirrors the Request for Criminal Record Review forms, which allow individuals to formally request a copy of their criminal record from state or federal agencies. Both processes are initiated by individuals seeking to understand or amend how their legal history is formally documented and presented. While the HCJDC 159 form is aimed at expunging arrests that didn’t lead to convictions, the Request for Criminal Record Review is broader, encompassing any entries on one’s criminal record. The similarity mainly lies in their role as tools for individuals to navigate and rectify their legal histories, ensuring that their records accurately reflect their current legal status.

Filling out the HCJDC 159 form, also known as the application for expungement of arrest records, is a critical step for those seeking to clear their arrest record in Hawaii. Here are essential dos and don'ts to keep in mind:

• Do carefully read the entire form before starting to fill it out to understand what is required.
• Do print your current name clearly and provide any other names you have used to ensure the accurate identification of records.
• Do consider leaving the spaces for your social security number and right thumbprint blank, as it is not mandatory to fill these unless you choose to provide them for verification purposes.
• Do include accurate information about the alleged offense(s) for which you seek expungement, including dates and places of arrest and last court appearance.
• Do sign and date the form at the provided space to validate your application.
• Don't use personal or business checks for the fee payment, as only cashier's checks, money orders, or cash (if paying at HCJDC) are accepted.
• Don't forget to declare that you are not a fugitive from justice, which is a requirement for the expungement process.
• Don't overlook the need to check the amount of the fee, as it varies for first-time applicants and those who have applied before.
• Don't hesitate to contact the Arrest Records Expunger at the Hawaii Criminal Justice Data Center for clarification if you have any questions about the form or the process.

Successfully expunging your arrest record can open up new opportunities and provide peace of mind. By following these guidelines, you can ensure a smoother application process.

When discussing the HCJDC 159 form used for the application for expungement of arrest records in Hawaii, several misconceptions commonly arise. Clarifying these can help applicants better understand the process and set realistic expectations.

• Misconception 1: It's mandatory to provide your Social Security Number (SSN) and right thumbprint on the form.

  While the form includes spaces for both your SSN and right thumbprint, it explicitly states that these are optional. Their primary purpose is to ensure the correct arrest record is identified for expungement, not to mandate personal information unnecessarily.

• Misconception 2: Expungement is guaranteed if you submit the HCJDC 159 form.

  Submission of the form does not guarantee expungement. Applicants must meet certain criteria under Hawaii Revised Statutes, Section 831-3.2, and an expungement is subject to approval based on those legal standards.

• Misconception 3: Any arrest record can be expunged using this form.

  Only arrest records for which there was no subsequent conviction are eligible for expungement under the criteria outlined in the applicable Hawaii Revised Statutes. Not all arrests qualify for such action.

• Misconception 4: Personal checks are an acceptable form of payment for the application fee.

  The instructions specify that only cashier’s checks, money orders, or cash (if paying in person) are accepted. Personal or business checks cannot be used to pay the application fee, which is $35 for first-time applicants and $50 for all others.

• Misconception 5: The expungement process is immediate upon application submission.

  Expungement involves a review process that can take some time. The form’s submission is the initial step, and the process following that involves verification and approval by the concerned authorities, which is not immediate.

• Misconception 6: You can apply for expungement if you are a fugitive from justice.

  The application form clearly requires applicants to declare that they are not fugitives from justice. Being a fugitive disqualifies applicants from the expungement process.

Understanding these key points can significantly demystify the expungement process for those seeking to clear their arrest records in Hawaii. Applicants are encouraged to read the form thoroughly and comply with its stipulations to ensure their application is processed efficiently.

Filling out and using the HCJDC 159 form for the expungement of arrest records in Hawaii requires attention to detail and understanding its requirements. Here are seven key takeaways to help you navigate this process smoothly.

• Personal Information: When completing the HCJDC 159 form, you're required to provide your current name, sex, other names used, date of birth, social security number (optional), place of birth, and contact details. Leaving the space for your social security number and thumbprint blank is permissible, as these are not mandatory by law.
• Offense Details: It's crucial to accurately list the alleged offense(s) for which you seek expungement, including the dates and places of arrest and last court appearance. Ensuring these details are precise helps in correctly identifying the arrest record in question.
• Fee Payment: Applicants must submit the correct fee along with the HCJDC 159 form. For first-time applicants, the fee is $35.00, while for all others, it's $50.00. Payments can be made via cashier's check or money order payable to the State of Hawaii. Cash is accepted only when paying at the HCJDC office. Personal or business checks are not allowed.
• Mailing Address for Correspondence: Make sure you provide a mailing address where all correspondence related to your expungement application should be sent. This ensures you receive all notifications and documents without delay.
• Declaration: By signing the form, you declare that you are not a fugitive from justice. This is a key declaration that affects your eligibility for expungement.
• Return of Fingerprints and Photographs: If your application for expungement is successful and you have no record of conviction, you can also request the return of any fingerprints and photographs taken in relation to the arrest.
• Submission: Completed forms, along with the payment, should be sent to the Arrest Records Expunger at the Hawaii Criminal Justice Data Center, Department of the Attorney General, at the specified address. Ensuring that your application is complete and submitted to the correct address can help avoid any unnecessary delays.

Understanding these key points can greatly aid in navigating the expungement process efficiently. Accuracy, attention to detail, and adherence to the specific requirements of the HCJDC 159 form are essential for a successful application.