Hawaii Arrest Records

After an arrest in Hawaii, the subject is detained in a temporary jail or place of confinement until their trial, at which point they are either released or given a longer sentence of imprisonment. During the process, the arresting agency creates official documents known as Hawaii arrest records. These records typically contain important details about the suspect and the incident.

A Hawaii arrest record contains the arrestee's full name, birth date, and physical description. It also includes information on the arrest, such as the charges or offenses, the arresting agency, the date, time, and place of the arrest, as well as any relevant case numbers. The record may also include details about bail, court dates, and the case's outcome. Law enforcement organizations are responsible for maintaining these documents.

According to the Hawaii Department of the Attorney General's annual Uniform Crime Report, Crime in Hawaii, 2020, 37,597 Index Crimes were reported in Calendar Year 2020. This represents a record low level since statewide reporting began in 1975, with 2,672 offenses per 100,000 resident population. In 2020, the overall Index Crime rate was 14.6% lower than the 2019 rate and 22.4% lower than the rate recorded ten years prior (2011).

In 2020, the state reported 3,642 violent Index Crimes, translating to a rate of 258 offenses per 100,000 persons. Hawaii's violent index crime rate for 2020 was 2.7% higher than that of 2011 and 3.1% lower than that of 2019. In 2020, the state reported 33,955 property index crimes, resulting in a record-low rate of 2,413 offenses per 100,000 residents. In 2020, Hawaii's property index crime rate was 15.7% lower than that of 2019 and 24.4% lower than that of 2011.

Are Arrest Records Public in Hawaii?

Per Hawaii's Uniform Information Practices Act (UIPA) under Hawaii Revised Statutes (HRS) chapter 92F, arrest records are public documents. According to HRS Section §92F-12(a)(1), agencies holding public records must disclose certain information, including arrest records, as part of their records. This includes making all records available for public inspection and copying, with the exception of those that must be kept private to safeguard confidential data, public safety, or people's privacy.

Certain records, may be kept confidential in whole or in part and are not subject to public disclosure. That is unless the requester is an authorized individual or has a court order and a legitimate form of identification.

The following are some exceptions to the disclosure of arrest records per Hawaii Revised Statutes sections 92F-13, 92F-19, and 92F-22:

• Personal information, such as social security numbers, medical histories, financial data that infringes the arrestee's right to privacy;
• Any information whose release might impede an ongoing investigation, such as specific witness information that needs to be kept private;
• Any information that, if made public, would put a person at a serious and provable danger of physical harm;
• Arrest records that have not resulted in a conviction or are still ongoing are private and not accessible to the public;
• Any document that has been declared exempt by a court order, state law, or federal law;
• Every document pertaining to juvenile proceedings is private and not available for public viewing. This covers arrest records for those who, at the time of the alleged offense, were under the age of eighteen. Juvenile records are confidential in order to safeguard youngsters' future opportunities and privacy.

What is Included in Hawaii Arrest Records?

In Hawaii, a person's arrest record usually contains pertinent information regarding their arrest. Although this information varies, it often consists of:

• The arrestee's personal details, including their full name, birth date, gender, physical description (height, weight, eye color, hair color, etc.), mugshot (if available), and any aliases or past names;
• Details about the arrest, including the time and date of the arrest, the place of the arrest, the arresting agency or officer, the charges or offenses that led to the arrest (including any applicable penal regulations), and the circumstances surrounding the arrest (a succinct account of the occurrence);
• The details of the booking, including the time and date of the booking, the booking number or ID, the fingerprint categorization, the amount of the bail or bond, the detention facility or location where the person was kept, and the release information (day and time of release, if applicable);
• Details about the case, such as the docket or case number, the dates of the court appearances, and the kind of legal counsel (private attorney or public defender);
• Extra details (if appropriate) about outstanding or served warrants, parole or probation status, past criminal history (if relevant to the arrest), and how the arrest was handled (if charges were dropped, the case was dismissed, the person found guilty, etc.).

Find Public Arrest Records in Hawaii

In Hawaii, there are various ways to obtain arrest records: in person, via mail, or online. For a statewide search of arrest records, visit the Hawaii Criminal Justice Data Center (HCJDC); for county-specific records, interested parties may contact the local police department. The first step is to find out which agency or local law enforcement organization is in charge of the relevant record.

Here's a step-by-step approach to obtaining these records, which includes information on using subpoenas to obtain limited or private arrest records.

• Interested parties may make an in-person request by going to the agency's actual office, which is where the record is kept. There is a list of Public Access locations where arrest records which have resulted in convictions are available. One way to conduct a statewide name-based search is to visit the Hawaii Criminal Justice Data Center (HCJDC), 465 South King Street, Room 101, Honolulu, HI 96813. Office hours are from 7:45 AM to 4:30 PM, Monday through Friday, excluding holidays. Then, complete the request form with pertinent data, including the arrestee's complete name, and pay the applicable processing fees.
• To make a mail request, an interested party need just download the record request form from the Hawaii Criminal Justice Data Center or the arresting agency's official website, fill it out, and mail it to the correct location along with the required processing fees. For instance, the criminal history record checks are processed by the Criminal History Records Checks Unit. All requests are to be mailed to:

Hawaii Criminal Justice Data Center
Attn: CHRC Unit
465 S. King Street, Rm 102
Honolulu, HI 96813

• Most governmental organizations that keep arrest records, such as the Criminal Justice Data Center, have online portals through which users can request access to these records. Specific search parameters, like the topic name or case number, would be necessary. Depending on the type of request, additional fees can also apply. To find out if a search tool is accessible for obtaining the arrest records, one only needs to visit the arresting agency's official website.

Anybody wishing to access restricted or sealed records—which are not available to the general public—must get a subpoena or court order—a legal instrument that requires someone to appear in court or release certain records to someone. By determining which court has jurisdiction over the case files and submitting a motion for access to the records—the court judge will decide which one to approve—you can accomplish this on your own or with the help of an attorney. The lawyer must serve the subpoena to the proper party—such as the prosecutor's office or police department—after the court approves the motion. The exact arrest records that are being sought, along with the deadline for their release, will be specified in the subpoena.

How to Lookup Arrest Records Online in Hawaii

In Hawaii, there are two main methods inquirers can use to search for arrest records online: official local and state sources supplied by government bodies or third-party websites.

To check arrest records or obtain a person's criminal history, contact the county sheriff's office or the local police department, which are official government sources. For example, the Honolulu Police Department keeps an arrest log on its official website that is accessible to the public for free, allowing them to read details about the arrest, including the date, name, age, offense, and location. Additionally, the public can view criminal records, including arrest records, through the Hawaii Criminal Justice Data Center (HCJDC)'s "eCrim" internet search tool. The cost of each search is $5, and each record cost $10.

The public can obtain arrest information from several third-party websites that function as repositories on the Internet. However, the data accessible on these websites might not be current or precise; therefore, users are required to exercise caution and seek confirmation from official sources.

How Long Do Arrests Stay on Your Record in Hawaii

The length of time that arrest records are kept on file in Hawaii varies according to the kind of offense and particular agency regulations. For major offenses like felonies, arrest records typically stay on a person's record indefinitely. Records for misdemeanors are usually kept on file for a shorter period of time—roughly ten years—although this might vary case-by-case and depend on the police department.

Minor crime arrest records may be eligible for expungement, which is the sealing or destruction of the record following a predetermined period of good behavior, usually lasting anywhere from a few years to ten years. Furthermore, if a juvenile arrestee does not commit any new crimes after reaching adulthood, their records are frequently sealed. The fact that different agencies may have different rules and regulations that affect these retention durations highlights the complexity and unpredictability of Hawaii's arrest record-keeping laws.

Expunge an Arrest Record in Hawaii

Through the legal process of expungement, records of an arrest or conviction can be sealed or legally removed. Depending on the particulars of the case, such as the type of offense, the verdict, and the amount of time that has gone since the arrest or conviction, there may be variations in the eligibility for expungement as well as the expungement procedure itself.

Confidentiality is maintained for arrest records that have been removed from a person's criminal history record. Furthermore, due to the confidentiality of the arrest records, no information pertaining to the expungement application—including the status or receipt of an application—will be given over the phone or by email. If an applicant's application is rejected, they will receive a letter explaining why.

The Hawaii Revised Statutes (HRS) Section §831-3.2 permits the erasure of non-conviction arrest data. The arresting agency and the statewide central repository of adult criminal history record information will both expunge the arrest records. The courts still have the authority to keep and make records available. A person may request to have an arrest removed from their criminal history record if they were arrested or charged with a crime but were not found guilty. There are a few circumstances, nevertheless, in which an expungement will not be granted. These are as follows:

• In the event that someone is arrested for any crime and conviction is not achieved because the suspect has absconded from the jurisdiction, making prosecution impossible;
• If someone has been arrested for a felony or misdemeanor and their bail has been forfeited, preventing a conviction;
• For a year following the defendant's release from custody and the dismissal of the charges against them in the event that they enter a nolo contendere or postponed acceptance of guilty plea in line with chapter 853;
• If an individual was hospitalized involuntarily under §706-607, or if they were cleared of all charges or had their charges dropped under chapter 704 because of a physical or mental illness, disorder, or deformity;
• For five years following an arrest or citation for a minor infraction or misdemeanor where the forfeiture of bail prevents a conviction; and
• In accordance with Section 712-1200, for a period of four years following the defendant's release from custody and the dismissal of any charges brought under Section 712-1200 against the defendant in the event of a nolo contendere or deferred acceptance of guilt plea.

Eligible individuals need to obtain and complete the Expungement Application (Form HCJDC 159(b)). $35 is the cost for an expungement that is done for the first time, while $50 is the cost for one that is not. There is a $10 processing fee that is not refundable with the fee. In the event that an individual's application is turned down, they will receive their money back, less the $10 non-refundable fee.

Processing fees must be paid with a money order or cashier's check payable to the "State of Hawaii". Checks made out to individuals or businesses are not allowed, and doing so will result in the application being rejected. The arrest record will be cleared of all qualifying charges. The certificate will be mailed to the address listed on the application form once the 120-day expungement process is over.

How Do I Find Recent Arrests in Hawaii?

Most arrests in Hawaii are made by local law enforcement agencies operating within the state's counties and cities, and these agencies keep arrest logs of every suspect placed under arrest. To locate any recent arrest information is to contact the agency responsible for the arrest; some of these agencies have publicly accessible online repositories of these arrest logs. One example of such an online repository is the Honolulu Police Department arrest logs.

Are Hawaii Arrest Records Free?

Yes, as required by law, Hawaii arrest records are usually freely accessible. For example, it is free to see arrest logs to learn specific details about a suspect. However, there are expenses associated with obtaining complete arrest records. The Hawaii Criminal Justice Data Center (HCJDC) allows individuals to request their own criminal history records; however, there is a processing cost. Whether by mail, online, or in person, there are fees associated with accessing these records by the general public in addition to administrative costs. Although there may be some exclusions for law enforcement or legal reasons, in general, fees are associated with accessing arrest records in Hawaii to guarantee that current and accurate information is provided.