Hawaii Court Records

The court system in Hawaii comprises the appellate courts, the trial courts, and specialized courts in a unified structure. At the top of the structure is the Hawaii Supreme Court, serving as the highest judicial authority. It is responsible for reviewing decisions made by lower courts, interpreting constitutional issues, and overseeing the administration of the entire state judiciary.

Beneath the supreme court is the intermediate court of appeals. This court handles most appeals coming from the trial courts. It decides whether legal procedures and laws were properly applied in previous rulings. If necessary, its decisions may be further reviewed by the Hawaii Supreme Court.

Hawaii's trial courts consist of circuit courts, family courts, and district courts. The circuit courts are courts of general jurisdiction. They hear serious criminal cases such as felonies, large civil disputes (typically those involving more than $40,000), probate and guardianship matters, and also conduct jury trials. Each of the state's four judicial circuits, first (Oʻahu), second (Maui), third (Hawaiʻi Island), and fifth (Kauaʻi), has its own Circuit Court.

Family courts, which operate as divisions within the circuit courts, are dedicated to cases involving family and juvenile matters. These include divorce, child custody and support, domestic violence, adoption, foster care, and offenses committed by minors.

District courts are limited jurisdiction courts that manage less serious criminal offenses like misdemeanors and traffic violations. They also hear small claims cases, landlord-tenant disputes, and civil matters involving smaller monetary amounts of up to $40,000. In addition, these courts conduct preliminary hearings in felony cases before they move to the circuit court.

The tax appeal court, land court, and the environmental court are specialized courts in Hawaii. The land court is responsible for the registration of land titles and property boundary disputes, while the tax appeal court deals with appeals related to state taxes, such as income tax and property tax assessments. The Hawaii environmental court was established to handle cases related to environmental protection and conservation. It began operations on July 1, 2015, and has broad jurisdiction over cases involving terrestrial and marine life protection, pollution control, waste management and hazardous materials, and the historic preservation and land use regulations.

Approximately 100,000 cases are heard annually in Hawaii courts.

What Are the Types of Court Records In Hawaii?

Several documents are filed and generated in the Hawaii courts. These include case files, evidence, dockets, court minutes, pleadings, judgments and orders, briefs, and transcripts. Each Hawaii court has a clerk tasked with maintaining the records of court filed and generated in the court. The following types of records are maintained by the clerk of each Hawaii court type:

• Hawaii Supreme Court
• Appellate case records (including briefs, motions, orders, and opinions)
• Decisions and published opinions
• Disciplinary records for attorneys and judges
• Administrative orders and rules
• Original proceedings such as writs of mandamus or habeas corpus
• Judicial conduct proceedings
• Intermediate Court of Appeals
• Appellate case records, including briefs, transcripts, motions, orders, and opinions
• Court opinions and memoranda
• Notices of appeal
• Court calendars and hearing schedules
• Circuit Courts
• Felony criminal case files
• Civil case files (claims above $40,000)
• Probate and estate records
• Guardianship and conservatorship records
• Divorce, custody, and other complex family law case files
• Jury trial records
• Family Courts
• Juvenile delinquency and status offense case files
• Child abuse and neglect records
• Custody, visitation, child support, and divorce records
• Paternity actions
• Adoption and guardianship records
• Domestic violence protective order files
• Foster care and termination of parental rights cases
• Informal adjustment and diversion program records
• District Courts
• Misdemeanor criminal case files
• Traffic and parking violation records
• Infractions and petty misdemeanors
• Civil case files (claims up to $40,000)
• Landlord-tenant dispute records (including summary possession/eviction cases)
• Small claims records (claims under $5,000)
• Temporary restraining orders (TROs) not involving family members
• Preliminary hearings in felony cases
• Land Court
• Land title registration documents
• Petitions for land court registration and amendments
• Decrees, maps, and property surveys
• Land title transfers and liens
• Tax Appeal Court
• Appeals on property tax assessments
• General excise, income, and transient accommodations tax disputes
• Case decisions and court orders

Are Hawaii Court Records Public?

Court records are generally considered public according to the principles established in Chapter 92F of the Hawaii Revised Statutes - The Uniform Information Practices Act (UIPA). In addition, the Hawaii Court Records Rules govern the maintenance, access, and confidentiality of court records in the state.

As permitted under Hawaii statutes, some court records are designated as confidential and restricted to protect the public disclosure of sensitive information and the privacy of individuals. Examples of exempt records include juvenile court records, adoption and guardianship records, mental health commitment proceedings, some family court matters, grand jury proceedings, and sealed or expunged criminal records.

How Do I Search Hawaii Court Records?

Hawaii provides a statewide portal (eCourt Kokua) for accessing state court records online. The portal provides access to records of the traffic, district, circuit, family, land court, tax appeal, intermediate court of appeals, and supreme courts. To use this portal:

• Visit the eCourt Kokua portal
• Select your search option (options include by name, business or government agency, party ID, license plate or VIN, case ID or citation number, or upcoming court hearings)
• Review the search result

While basic case information via the eCourt Kokua system is available at no cost, document downloads may require a fee. Typically, printing pages 1-30 of individual documents costs a flat rate of $3 and each additional page at $0.10.    

If you intend to download documents regularly on the eCourt Kokua system, you may purchase a subscription on the portal, which allows unlimited access to digital public records for a set period (quarterly at $125 or annually at $500). However, if you are a party to a case, you may register as a Judiciary Electronic Filing Service System (JEFS) user. This allows you to access case-related documents for free.

How To Retrieve Court Records Offline

To access Hawaii court records offline, you must identify and visit the courthouse where the record was created. At the courthouse, you may use a public access terminal to view documents on-screen at no charge. Alternatively, you may submit a request to the clerk's office. On request, you must provide detailed information such as case number, name of parties involved, type of case, specified documents requested, and whether certified copies are needed.

Be aware that fees apply to requests for court records, and a fee may also be charged for searching. Typical fees include the following:

• Search Fee: $5.00 per name searched
• Copying Fees: First page typically costs $1.00 while each additional page costs $0.50.
• Certification Fee: $2.00 per document for certified copies
• Exemplification Fee: $4.00 per document
• Microfilm Retrieval Fee: $5.00 per case record
• Off-Site Storage Retrieval Fee: $5.00 per case record or box
• Audio Recordings: $10.00 per audio tape or electronic copy
• Expedited Processing: An additional $10.00 fee applies for expedited requests

Typical processing times for court record requests include the following:

• In-Person Requests:
• If submitted before 12:00 p.m., copies are typically provided within 4 hours on the same day.
• If submitted after 12:00 p.m., copies are usually available within 4 business hours, which may extend to the next business day.
• Mailed Requests:
• An invoice is prepared within 5 business days of receiving the written request.
• Once payment is received, the requested documents are processed and mailed.

Can I Seal or Expunge an Ohio Court Record?

Expungement in Hawaii refers to the legal process of removing arrest records from the records maintained by the Hawaii Criminal Justice Data Center (HCJDC), making the arrest appear as though it never occurred. Per state law, expungement in Hawaii does not automatically remove records from the eCourt Kokua database. On the other hand, sealing makes Hawaii court records confidential, preventing public access. Sealing is usually pursued after an expungement has been granted in Hawaii. Hawaii Revised Statutes (HRS) § 831-3.2 outlines the procedures and eligibility for expungement, while sealing procedures are governed by the provisions of HRS § 831-3.2(f).

According to Hawaii expungement rules, individuals may request the expungement of arrest records if the case did not result in a conviction. An expungement order may not be issued by Hawaii courts if:

• The case involved bail forfeiture for a felony or misdemeanor.
• The case involved bail forfeiture for a petty misdemeanor or violation within the last five years.
• The person fled the jurisdiction, making prosecution impossible.
• The person was involuntarily hospitalized or found not guilty because of mental or physical illness
• The case involved a deferred acceptance of a guilty or no contest plea, and one year has not yet passed since dismissal.
• The case involved prostitution, and four years have not yet passed since dismissal after a deferred plea.

However, expungement may be granted for certain convictions, but only from the statewide criminal record repository (not necessarily from the courts or the arresting agency). Eligible offenses include:

• Underage alcohol-related driving offenses.
• First-time drug offenders
• First-time drug offenders
• First-time property offenders

Expungement in Hawaii typically follows these steps:

• Complete the Expungement Application - Form HCJDC 159(b).
• Attach supporting documentation such as dismissal orders and proof of sentence completion

• Apply with the appropriate fee (35.00 fee for a first-time expungement and $50.00 for a non-first-time expungement. A $10 non-refundable administrative fee is included in this amount) via mail or in person to:

  Hawaii Criminal Justice Data Center

  Expungement Section

  465 S. King St. #102

  Honolulu, HI 96813

• Await processing (this takes up to 120 days).
• Receive a Certificate of Expungement upon approval

Upon obtaining your certificate of expungement, you may seal the associated court records by following these steps:

• Draft a written letter to the court that handled your case, including:
• Case number
• Details of the expungement
• A copy of your expungement certificate
• Your full name
• Your current mailing address
• A working phone number
• Submit the letter to the court, addressing it to "Legal Documents." No fee is required to submit a sealing request at the court.
• Await the court's decision and confirmation of sealing.

How To Search Federal Court Records in Ohio

The United States District Court for the District of Hawaii is the only federal court in the Aloha State. This court handles matters based on federal question jurisdiction and diversity jurisdiction. The court also has jurisdiction over matters of bankruptcy, which the United States Congress decided must be resolved in federal courts rather than state courts.

The records of this court may be accessed in the following ways:

• Online: The Public Access to Court Electronic Records (PACER) system provides remote access to federal court records nationwide, including those in Hawaii. Users must create an account on PACER before searching for federal records. Access to case information costs $0.10 per page, with a maximum charge of $3.00 per document.
• In-Person at the Courthouse: Court records are available for public inspection at the clerk's office. Copy fees are $0.10 per page when using the public terminal and $0.50 per page if the clerk's office makes the copies.

How To Get Hawaii Court Records Online for Free?

You can access Hawaii court records online for free through the eCourt Kokua portal. However, although basic case information is available on the portal for free, downloading documents attracts a fee. Additionally, since Hawaii court records are generally public records, third-party databases such as PeopleRecords.us provide free online access to court records in the Aloha State.