HAR §17-1605-21

HAR §17-1605-21. Criteria for expungement of confirmed reports by request

Last amended: 2025Length: 245 wordsOfficial source

Cite as Haw. Code R. § 17-1605-21

(a) A person whose name is included in the central registry pursuant to section 17-1605-3(b), may submit a request for expungement to the department; provided that: (1) The confirmation for which expungement is requested is more than five years old; (2) The record does not involve aggravated circumstances or conduct described in paragraph (1)(B) of the definition of child abuse or neglect in section 350-1, HRS; and (3) There are no other reports of abuse or neglect subsequent to the confirmation for which expungement is being requested. (b) For a confirmation of a report upheld by the family court as described in section 17-1605-20, the confirmed perpetrator may submit a request for expungement of their name from the central registry five years after the family court's order affirming the confirmation, or five years after the family court's order is upheld on appeal, whichever is later. (c) The department shall review each request for expungement submitted pursuant to section 17-1605-22, and shall consider the following criteria: (1) Length of time since the report was confirmed; (2) Severity of the abuse or neglect, harm, or threatened harm; (3) Age of the child at the time of the report; (4) Age of the confirmed perpetrator at the time of the report; (5) Evidence of the confirmed perpetrator's rehabilitation; (6) Any other relevant information received and deemed credible by the department, including but not limited to results of a criminal history record check. [Eff DEC 5 2025] 1605-6 3616
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