Hawaii Criminal Records

Hawaii criminal records are official government documents that provide a comprehensive history of an individual's interactions with the state's criminal justice system. These records include information about arrests, criminal charges, warrants, court proceedings, case dispositions and sentencing outcomes, and incarceration history. According to recent data, Hawaii has a violent crime rate of around 2.6 incidents per 1,000 residents and an overall crime index of approximately 26.94 per 1,000 residents.

The Hawaii Criminal Justice Data Center (HCJDC) serves as the primary custodian of statewide criminal history records and maintains a centralized repository of criminal information, which may be accessed by interested parties upon request. Additional criminal record information in Hawaii may also be accessed through various other agencies, like county police departments, the Department of Law Enforcement, the Department of Corrections and Rehabilitation, and the state's judicial branch.

Are Criminal Records Public in Hawaii?

Hawaii criminal records are generally considered public records under the state's Uniform Information Practices Act (UIPA). However, while this means that interested members of the public can typically access these criminal records, certain types of criminal records/criminal record information are deemed exempt from public disclosure and restricted to specific parties. Examples of these include juvenile records, sealed or expunged cases, investigative reports and materials tied to pending or ongoing criminal proceedings, and records that could reveal the identity of confidential informants. Likewise, records of arrests that resulted in a non-conviction or where the case is still pending are considered confidential and restricted from public access.

How To Look Up Criminal Records in Hawaii?

The Hawaii Criminal Justice Data Center (HCJDC) provides interested parties with two options for accessing criminal history record information in Hawaii: name-based background checks and fingerprint-based background checks. Fingerprint-based background checks are typically considered more accurate, as they limit the margin for error; nonetheless, you may use additional search criteria (like sex, social security number, and date of birth) to get more accurate results from a name-based check.

Name-based background checks may be requested online using the HCJDC's eCrim tool or in person at any of the agency's Public Access Locations across the state. Both name-based and fingerprint-based background checks may also be requested by submitting a Form HCJDC-073 (Request for Criminal History Check) to the agency (either in person or via mail-in) at:

Requests for fingerprint-based checks must include a properly completed fingerprint card - fingerprinting may be done at the HCJDC (an appointment is required for this) or through any authorized fingerprinting agency.

Fees vary by the type of check required and the request method and range from $15 to $55. In-person and mail-in requests are typically processed within 3 - 10 business days, while submissions made online or at a Public Access Location are usually processed instantly. Inquiries may be directed to the HCJDC at (808) 587-3279.

How To Search Hawaii Arrest Records?

Arrest records in Hawaii are generated by county police departments and the state's Department of Law Enforcement when they take a person into custody. These records typically contain details like:

• The person's full name and date of birth
• The person's ex, race, and other physical descriptors, such as their height, eye color, hair color, and weight
• The date, time, and location of the arrest
• The name of the arresting officer and their agency
• The reason for the arrest/charges filed at the time of the arrest
• Booking details, including mugshots and fingerprints
• Bail or bond information, when applicable

You can typically obtain copies of a Hawaii arrest record by contacting the specific law enforcement agency that handled the arrest. While each agency may have its own procedures for providing access to public records, you will generally be required to submit an official request and pay a stipulated fee. Hawaii arrest records may be accessed online via the state's Criminal Justice Data Center's eCrim tool. However, it is important to note that records of arrests that did not lead to a conviction or where the case is still pending are considered confidential information and not subject to public disclosure.

How To Search Hawaii Warrants?

In Hawaii, warrants are legal documents issued by a judge or magistrate that authorize law enforcement officers to carry out specific action based on probable cause (meaning that there must be sufficient facts or evidence to justify the action being authorized by the warrant). Common warrant types issued in Hawaii include:

• Arrest Warrants: These authorize law enforcement to arrest individuals suspected of committing a crime.
• Search Warrants: These allow law enforcement to search specified premises/locations and seize evidence (as detailed in the warrant).
• Bench Warrants: These are issued when a person fails to appear in court or violates a court order and authorize law enforcement to apprehend the person and bring them before the issuing judge.

A Hawaii warrant typically remains active until it is executed or quashed by the issuing court; however, search warrants are generally time-bound and have to be executed within a specific timeframe (as indicated by the issuing judge).

While the Hawaii Judiciary maintains an online platform that may be used to access warrant information, this platform is restricted to approved members of law enforcement and criminal justice agencies. Nevertheless, interested members of the public may get warrant information in Hawaii by contacting the issuing court or law enforcement agency of jurisdiction.

Can I Obtain a Hawaii Criminal History Record of Another Person?

You may obtain copies of another person's criminal history record in Hawaii by submitting a name-based background check request to the Hawaii Criminal Justice Data Center (HCJDC) via any of the following methods:

• Online via the agency's eCrim tool.
• In person at Public Access Locations across the state.

• Submitting a Form HCJDC-073 (Request for Criminal History Check) via mail or in person to:

  Hawaii Criminal Justice Data Center

  Attn: CHRC

  465 S. King Street

  Room 102

  Honolulu, HI 96813

Online requests cost $5 per name searched, plus a $10 fee for each certified record generated. Requests made via a Public Access Location cost $25 per printout/search, while mail-in and in-person submissions at the HCJDC's office cost $30 per request (an additional $20 certification fee may apply). The HCJDC also offers fingerprint-based background checks; however, these require the involvement of the record's subject.

Be aware that criminal records obtained from the HCJDC will only include information on arrests that either resulted in a conviction or were acquitted or dismissed by reason of physical or mental disease, disorder, or defect (as per Hawaii Revised Statutes 704). Access to non-conviction records and information on arrests with pending dispositions is limited to criminal justice agencies and specific authorized agencies (usually for employment-related purposes). For assistance or more details, contact the HCJDC at (808) 587-3100.

How To Expunge or Seal Hawaii Criminal Records

Hawaii offers individuals the opportunity to clear or restrict access to certain criminal history information on their records through expungement and sealing. It should be noted that these are two separate processes:

Arrest Record Expungement

The expungement process is handled by the Hawaii Criminal Justice Data Center (HCJDC), and it only clears arrest information from a person's criminal record. Note that this information is only removed from the HCJDC's statewide central repository for adult criminal history record information; as such, it may still be retained by arresting agencies and courts.

Expungements are typically available for non-conviction arrest information; however, certain information (as outlined in Hawaii Revised Statutes Section 831-3.2) is deemed ineligible for the process. These include information on arrests for a felony or misdemeanor that did not result in a conviction because of bail forfeiture, where the person avoided prosecution by leaving the jurisdiction, or where the arrest was acquitted or dismissed under state law due to a mental or physical disorder. While conviction information may also be expunged, this is typically limited to first-time drug and property offenses and DWIs committed by individuals under the age of 21. Individuals who wish to expunge conviction information must also first obtain a court order (from the court of jurisdiction) authorizing the HCJDC to expunge the records.

The expungement process typically involves the following steps:

• Confirm that your records are eligible for expungement. Depending on the type of record, this may involve completing a stipulated waiting period.
• Gather necessary documentation, such as a dismissal order (for non-conviction records) and a court order granting expungement (for conviction records).
• Submit an Expungement Application - Form HCJDC 159(b), along with the stipulated fees and necessary supporting documentation, to the HCJDC (submission and fee/payment instructions are provided in the form).

Expungement requests are typically processed within 120 days, after which you will be mailed a Certificate of Expungement. Be aware that expunged records are still accessible to courts, law enforcement agencies, and government agencies reviewing a person for a security-related position. Inquiries on arrest record expungements may be directed to the HCJDC at (808) 587-3348.

Court Record Sealing

The sealing process is handled by the Hawaii State Judiciary and it makes criminal records confidential, thereby restricting public access to these records. This process typically provides an extra level of privacy beyond the expungement of the arrest record and generally involves the following steps:

• Obtain a Certificate of Expungement from the HCJDC.
• Get a copy of your court records to have a clear idea of the information to be sealed. This may be done online via the state judiciary's eCourt KoKua tool or by directly contacting the relevant court.
• Submit a written request to seal your court records, along with a copy of your Certificate of Expungement, to the court of jurisdiction (the court where the expunged case was filed). The request should include your full name, current mailing address, and a working phone number (the Hawaii State Library offers a sample letter that may help draft this letter).

Once this is done, the court will review the request before making its decision. If the request is granted, a court order sealing the records will be issued and sent to you via mail. You may subsequently check the eCourt Kokua tool to confirm that the records have been sealed and are no longer accessible to the public.

It is advisable to get legal advice from a qualified attorney when looking to expunge and seal your criminal records to ensure that the process is handled correctly.

What Are the Limitations To Use of Criminal Records for Employment, Licensing, and Housing in Hawaii?

Several federal and state laws provide protections for individuals with criminal records in Hawaii as it relates to how these records may be used for employment, licensing, and housing decisions. For instance, the Fair Chance Act prevents federal agencies and contractors in Hawaii from inquiring about an applicant's criminal history until after they have extended a conditional job offer. Hawaii Revised Statutes Section 378-2.5 provides similar protections for state and private employers and also generally limits them to considering only felony convictions within the last seven years and misdemeanor convictions within the last five years, unless the conviction is directly related to the job duties.

Likewise, Hawaii Revised Statutes Section 831-3.1 restricts licensing boards from denying licenses based solely on criminal convictions unless the offense bears a rational relationship to the license in question and requires a case-by-case review of licensing applications.

Hawaii also adheres to guidance from the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Housing and Urban Development (HUD), which discourages blanket bans on applicants with criminal histories. Instead, employers are encouraged to conduct individualized assessments that consider the nature of the offense, the time elapsed, and any evidence of rehabilitation. Employers and landlords in the state are also subject to the Fair Credit Reporting Act (FCRA), which mandates written consent before conducting a background check and requires disclosure if any adverse action is taken based on the report

Can I Access Hawaii Criminal Records for Free Online?

While many third-party websites advertise free access to Hawaii criminal records, their accuracy and completeness are often questionable.

To access accurate and complete criminal records online, it is best to use resources like the official resources like the HCJDC's eCrim tool, the state judiciary's eCourt KoKua system, or reputable platforms that aggregate data from verified databases, like HawaiiPublicRecords.us