Hawaii Arrest Records

A Hawaii arrest record details an incident where law enforcement arrests someone, detains them for questioning, or charges them for a crime. Depending on the circumstances, an arrest may occur with or without a warrant in Hawaii.

After an arrest in Hawaii, an arresting officer typically transports the suspect to the nearest local law enforcement agency for booking pending their bond hearing or bail. Records are generally maintained by the local law enforcement agencies, such as the Hawaii Police Department (HPD), the Honolulu Police Department, and the Department of Law Enforcement. These arresting agencies typically generate arrest records during the booking process, containing pertinent details about the suspect and the incident. Such information often serves as the legal foundation for prosecuting individuals in a criminal case.

Are Arrest Records Public in Hawaii?

According to Hawaii's Uniform Information Practices Act (UIPA), as outlined in Hawaii Revised Statutes (HRS) Chapter 92F, arrest records are public documents. Consequently, the public may view, inspect, or copy arrest records generated and maintained by custodial law enforcement.

Nonetheless, the Act restricts public access to certain records to safeguard confidential data, maintain public safety, or protect the privacy of individuals. Arrest records exempted from public access under the Hawaii Revised Statutes sections 92F-13, 92F-19, and 92F-22 include:

• Social security numbers, medical histories, and financial data;
• Any information that may impede an active investigation when disclosed.
• Any detail that may predispose someone to serious and provable danger of physical harm if made public.
• Arrest information that results in dismissal, acquittal, or pending charges.
• Any document sealed by a court order, state law, or federal law.
• Juvenile records.

Hawaii Arrest Statistics

According to the 2023 National Incident-Based Reporting System (NIBRS) report, Hawaii law enforcement agencies recorded 28,978 arrests between January and December 2023. This figure comprises 75.27% (21,736) males and 24.73% (7,143) females.

An analysis of the racial composition of arrested persons revealed that 35.07% (10,128) were White, and 34.40% (9,934) were Native Hawaiian or Other Pacific Islanders. Other racial groups include Asians, who constituted 19.04% (5,500); Black or African Americans, with 6.07% (1,754); and American Indian or Alaska Native, with 0.26% (76). The racial identity of 5.15% (1,487) of the individuals arrested within the period under review was unknown.

A breakdown of the types of offenses for which Hawaii law enforcement officers arrested suspects between January and December 2023 showed that all offences other than traffic violations were the most predominant, accounting for 49.65% (14,352), followed by simple assault at 14.50% (4,191), driving under the influence at 10.85% (3,137), unspecified larceny theft at 6.13% (1,772), and disorderly conduct at 2.36% at 3.15% (911).

Find Public Arrest Records in Hawaii

The first step towards finding public arrest records in Hawaii is identifying the relevant custodial agency. Interested parties may contact the Hawaii Criminal Justice Data Center (HCJDC) for statewide arrest records. Requesters seeking county-specific or city-level records may contact the appropriate local police department or law enforcement agency.

In Hawaii, requesters may obtain arrest records through several channels:

• In-person
• By mail
• Online

In-Person Requests

Interested parties may visit the office locations of custodial law enforcement agencies to request physical copies of arrest records that resulted in convictions. For example, they may conduct statewide name-based searches at:

Hawaii Criminal Justice Data Center (HCJDC)
465 South King Street, Room 101
Honolulu, HI 96813
Office Hours: Monday to Friday, 7:45 AM to 4:30 PM (excluding state holidays)

Typically, the process of making an in-person request involves:

• Completing a record request form with accurate and complete information (e.g., full name of the arrestee)
• Presenting valid identification
• Paying any applicable processing fees

Mail Requests

Individuals using the mail-in request option are typically required to:

• Download and complete the appropriate request form (available from the HCJDC or the arresting agency's official website)
• Mail the completed form, along with payment for processing, to the appropriate address

For instance, requesters may mail a criminal history record check request to:

Hawaii Criminal Justice Data Center
Attn: CHRC Unit
465 South King Street, Room 102
Honolulu, HI 96813

Online Requests

Many Hawaii law enforcement agencies, including the HCJDC, offer online portals for requesting arrest records. These search engines often require:

• The name of the individual
• Case number or other identifying details
• Payment of applicable fees

To determine the availability of online access, interested individuals may visit the official website of the relevant law enforcement agency.

Access to Restricted or Sealed Records

Some arrest records that are inaccessible to the public include:

• Sealed or expunged records
• Juvenile records
• Active investigation records
• Arrests that did not lead to convictions

Individuals wishing to access such restricted records usually have to:

1. Obtain a court order or subpoena, which requires legal justification and formal approval
2. File a motion with the court that has jurisdiction over the case
3. Wait for judicial approval, as the court will determine whether to grant access
4. Serve the subpoena to the appropriate agency (e.g., police department, prosecutor's office)
5. Ensure that the records requested and the timeline for compliance are clearly stated in the subpoena

They may undergo this process independently or with the assistance of legal counsel.

How to Look Up Arrest Records Online in Hawaii

In Hawaii, record searchers looking for arrest records online typically have two options:

• Official government sources at the local or state level
• Third-party websites that compile public record information

Official Sources

Inquirers seeking to obtain arrest records or verify someone's criminal history may contact the county sheriff's office or the local police department. For instance, the Honolulu Police Department maintains a publicly accessible arrest log on its official website. This log is available free of charge and typically contains information such as the arrest date, the name and age of the arrestee, the offense committed, and the location of the arrest.

The public may also access criminal and arrest records through the Hawaii Criminal Justice Data Center (HCJDC) via its eCrim online search tool. The typical fees include:

• $5 for each name-based search, and
• $10 for each record retrieved

Third-Party Websites

The public may obtain arrest information from third-party websites that function as online databases. However, the information obtained from these sites might not be current or precise. Consequently, users may exercise caution and seek confirmation from official sources.

What is Included in Hawaii Arrest Records?

The content of a Hawaii arrest record may include the following:

• Arrestee's Identifying Information, such as their complete name, birth date, and any aliases or previous names they may have used.
• Arrestee's Physical Descriptors: Gender, height, weight, eye color, hair color, etc., mugshot.
• Arrest Information: The arrest date, time, and location, 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 a brief description of the arrest.
• Booking Details: This includes 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 held, and the release information (including the day and time of release, if applicable).

How Long Do Arrests Stay on Your Record in Hawaii

The time that arrest records are kept on file in Hawaii varies depending on the type of offense and specific agency regulations. For major crimes, such as felonies, arrest records typically remain on a person's record indefinitely. Records for misdemeanors are generally kept on file for a shorter period, usually around ten years. However, this may vary case-by-case and depend on the specific police department.

Minor crime arrest records may be eligible for expungement, which involves sealing or destroying the record after a set period of good behavior, usually ranging from a few years to ten years. Additionally, if a juvenile arrestee does not commit new crimes after adulthood, their arrest record is often sealed. The fact that different agencies may have varying rules and regulations affecting these retention periods highlights the complexity and unpredictability of Hawaii's arrest record-keeping laws.

Expunge an Arrest Record in Hawaii

In Hawaii, the expungement process allows eligible individuals to seal or remove certain arrest or conviction records from their criminal history. This process helps protect the privacy of individuals who were not convicted or meet other eligibility criteria.

In Hawaii, expungement refers to the removal of arrest records from the Criminal Justice Data Center (HCJDC) and custodial law enforcement agencies' databases. However, courts may still retain and disclose their records even after an expungement has been approved.

After an arrest record is expunged, it is classified as confidential. The HCJDC does not provide information over the phone or via email about the status of an expungement application. Applicants may, however, receive a written explanation of the rejection of their application by mail.

Eligibility Requirements

Eligibility for expungement depends on:

• The type of offense
• The outcome of the case (e.g., dismissed or not guilty)
• The time that has passed since the arrest or conviction

Under Hawaii Revised Statutes §831-3.2, petitioners may request expungement if they were arrested or charged but not convicted. Hawaii courts, however, will not grant expungement in the following circumstances:

• If someone flees the jurisdiction after arrest, making prosecution impossible
• The person forfeited bail on a felony or misdemeanor charge, preventing a conviction.
• One year has not yet passed since:
  • The person was released from custody, and
  • Charges were dismissed following a nolo contendere plea or a deferred guilty plea under Chapter 853.
• The person was acquitted or had charges dismissed due to physical or mental illness under Chapter 704, or was involuntarily hospitalized under §706-607
• Five years have not passed since a minor infraction or misdemeanor charge ended with a bail forfeiture.
• Four years have not passed since the person's release and dismissal of prostitution-related charges under Section 712-1200, following a nolo contendere or deferred guilty plea.

How to Apply for Expungement

Eligible individuals may complete and submit the Expungement Application (Form HCJDC 159(b)). The process involves the payment of the following fees:

• $35 for a first-time expungement
• $50 for any subsequent expungement
• $10 non-refundable processing fee (applies to all cases)

If the application is denied, the Hawaii Criminal Justice Data Center (HCJDC) will refund the fee minus the $10 processing charge. Applicants may pay all relevant fees with a money order or cashier's check payable to the "State of Hawaii". The HCJDC does not accept personal or business checks, and submitting them may result in automatic rejection of the application.

Once an application is approved, the HDJDC will remove the applicant's arrest records of all qualifying charges. Afterward, the agency will send a certificate confirming the expungement to the address provided on the application. The process of expungement typically takes up to 120 days to complete.

How Do I Find Recent Arrests in Hawaii?

In Hawaii, arrests are usually carried out by local law enforcement agencies operating within the state's counties and cities. These agencies often maintain arrest logs for individuals taken into custody.

Individuals seeking recent arrest information may need to:

• Identify the law enforcement agency responsible for the arrest
• Contact that agency directly for access to relevant records, or
• Check the agency's official website, as some departments maintain publicly accessible online arrest logs

For instance, the Honolulu Police Department provides an online repository of its arrest logs, which the public may search for free.

Are Hawaii Arrest Records Free?

Yes, arrest records are generally considered public information under Hawaii law. These records are usually accessible to the public. For example, viewing basic arrest logs—such as those kept by local police departments—is typically free. Such records often include details about the suspect, such as the arrest date, name, and alleged offense. However, accessing more detailed arrest or criminal history records through official state channels, such as the Hawaii Criminal Justice Data Center (HCJDC), usually involves a fee. Whether the request is made by mail, online, or in person, applicants may need to pay fees to cover administrative and processing costs. These fees help ensure the data provided is accurate and properly maintained.