HRS §802E-3
What happens if the court forgets to warn you about immigration risks
If a court does not tell a defendant about possible immigration consequences of a guilty or no-contest plea, and the defendant shows those consequences could happen, the court must cancel the conviction and let the defendant change the plea to not guilty. Unless the record shows the warning was given, the law assumes it was not.
courts
The statute, as written — Failure to advise; vacation of judgment
If the court fails to advise the defendant as required by sections 802E-2 and 802E-4 and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, on defendant's motion, the court shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. Absent a record that the court provided the advisement required by this section, the defendant shall be presumed not to have received the required advisement.
Sections this one refers to
§802E-2 Court must warn defendants about immigration risks before plea or trial
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