Hawaii Petty Misdemeanors

Petty misdemeanors are the least severe form of crime in the Hawaii Criminal Code. Crime in Hawaii is categorized into three levels of severity, ranging from felonies, the most severe, to misdemeanors, and finally, petty misdemeanors. Petty misdemeanors are the third and the most minor class of crime. Classification of crime in this manner guides law enforcement officers on how to engage with offenders and respond to crimes. Also, it guides the courts in determining appropriate sentencing and penalties.

Due to the minimal nature of the offense, hearings for petty misdemeanors are typically decided by a judge, rather than a jury. Hawaii court records for petty misdemeanor cases are public records and typically available for inspection at the office of the county court clerk.

Common Examples of Petty Misdemeanors in Hawaii

The following crimes are common examples of petty misdemeanors in Hawaii:

• Excessive Speeding (HI Rev Stat § 291C-105): Anyone who drives a motor vehicle at a speed exceeding the applicable state or county speed limit by 30 miles per hour or 80 miles per hour or more, irrespective of state or county speed limits, is guilty of a petty misdemeanor.
• Theft in the fourth degree (HI Rev Stat § 708-833): A person who commits theft of property or services worth $250 or less commits an offense of theft in the fourth degree and is guilty of a petty misdemeanor.
• Disorderly Conduct (HI Rev Stat § 711-1101): Disorderly conduct is a petty misdemeanor when the defendant intends to cause serious, substantial, or inconvenience, or if the defendant persists in the disorderly conduct after reasonable warning or requests to desist.

Other types of petty misdemeanors include shoplifting, harassment, minor assault, and failure to show up for a scheduled court hearing.

Statute of Limitations for Petty Misdemeanors in Hawaii

The statute of limitations is a time period during which prosecution can be initiated for a criminal case. It is a deadline for prosecutors to follow, and if the time period lapses before prosecution is initiated, the defendant can use the expiration of the statute of limitations as a defence. The defence may raise a motion to dismiss the case for unreasonable delay.

A prosecution for a petty misdemeanor, which is not a parking violation, must be commenced one year (1) after the offense is committed (HI Rev Stat § 701-108). Prosecution commences when an indictment is found, a complaint is filed, or an arrest warrant is issued and executed without unreasonable delay. In such a case, the period of limitation will be extended to four years.

Legal Penalties for Petty Misdemeanors in Hawaii

The legal penalties for petty misdemeanors in Hawaii include a maximum imprisonment term of 30 days or a $1000 fine or both (HI Rev Stat § 706-663). Alternatively, the defendant may be required to pay a fine double the amount gained from the offense.

The court may also impose additional penalties such as community service, license suspension (for traffic infractions). Although petty misdemeanors are not serious criminal offenses, offenders may run into debt or financial setbacks by having to pay court-ordered fines. Likewise, repeat offenders may experience discrimination in employment, housing, and educational opportunities.

Court Process for Petty Misdemeanors in Hawaii

According to the Hawaii Rules of Penal Procedure, once a person is arrested upon a warrant, the arresting officer or agency must present the defendant before a court of jurisdiction for admission to bail before any judge or officer authorized by law to grant bail. If the defendant is arrested without a warrant, within 48 hours, a district judge must determine whether or not there was probable cause for the arrest (there must be sufficient evidence to show that a crime has been committed and the defendant in question committed the crime). If the judge permits, the process for the determination of probable cause may be combined with a preliminary hearing or an arraignment.

• Arraignment: In general terms, an arraignment is an appearance in court, usually the first step in a criminal proceeding, where the defendant hears the charges against them and is asked to enter a plea. The complaint and citation (for a physical arrest) for a matter other than a felony must be filed in the district court. The defendant shall then receive a copy of the complaint, supporting affidavit, and a copy of the appropriate order (if any). At the arraignment, the charge and all essential facts will be read to the defendant, who will enter a plea of guilty or not guilty, or choose not to contest the charges. Where the charges are enclosed in a citation, and the defendant is summoned to be orally charged, the arraignment will take place in an open court or a video conference (where the Rules of Penal Procedure permit). A jury trial is not available for petty misdemeanors.
• Plea: The defendant must enter a plea of guilty or not guilty. They are not entitled to a standard preliminary hearing; this means the case can go straight to trial. Where the defendant is arrested without a warrant and held in custody for more than 48 hours after their initial appearance in court and trial is still yet to commence, the defendant will be released on their own recognizance (they will sign a promise to return to court for the scheduled hearing) without bail unless the court finds probable cause to believe the defendant committed the offence charged.
• Trial: A trial is a formal legal proceeding where the prosecution and the accused present their claims, and evidence is presented before the court to determine guilt in a criminal case. A defendant who pleads guilty will not proceed to trial and may receive sentencing during the arraignment or at a later scheduled court date.
• Sentencing: Where a defendant is found guilty after trial or a plea of guilty, the judge must deliver the sentence without unnecessary delay. The judgment may be given in the same trial where the defendant is found guilty or scheduled for another court hearing.

How Petty Misdemeanors Affect Your Criminal Record in Hawaii

If a person is convicted of a petty misdemeanor, all records of their arrest and prosecution will appear on the criminal record. Even when the charges are dismissed or the accused is acquitted of all offenses, records of the arrest are public information that is available to anyone who cares to look. The Hawaii Civil Rights Commission enforces employment anti-discrimination laws, making it illegal for employers to discriminate against individuals with arrest and court records. The aforementioned class of records is considered a protected class under the state's fair employment laws. However, this will depend on the type of employer, whether the person has been convicted, the nature of the role, and how long ago the incident occurred.

While an individual may be able to have misdemeanor records expunged or sealed, eligibility requirements are often stringent, and even where one is eligible to have their criminal records deleted, they can only apply after a certain period of time. During this waiting period, the record will likely appear in background checks. Even after criminal history information is sealed, it only limits public access; these criminal records remain visible to law enforcement agencies.

Differences Between Petty Misdemeanors and Other Offenses in Hawaii

In Hawaii, crimes are classified as either a felony, misdemeanor, or petty misdemeanor. Ranging from the most severe to minor offenses. A petty misdemeanor is a minor offense that incurs a maximum sentence of 30 days' jail term or $1,000 fine or both. A misdemeanor is more serious than a petty misdemeanor and incurs a maximum sentence of 1 year imprisonment or a $2,000 fine, or both (resisting arrest, driving under the influence, third degree assault, fourth degree arson & sexual assault).

Felony, on the other hand, is the most severe, most dangerous form of crime. Felonies and attempted felonies often involve grievous harm, injury, or damage to persons or property, and death. Felonies include murder in the first and second degrees and attempted murder in the first and second degrees. Felonies in Hawaii are categorized as Class A, B, or C. Felonies are punishable by over a year in state prison, up to $50,000 fines, probation with stringent conditions, restitution, alternative programs, suspension of driver's license, driver education (in DUI cases), and parole.

A misdemeanor or petty misdemeanor charge may be increased to a Class C felony when the offender is a repeat offender or has committed a crime against a protected class of persons (an elderly victim, first responder, or health care worker acting in capacity). Repeat misdemeanor or petty misdemeanor assault or property offenses against the protected class of victims within a 10-year frame may be charged as a Class C felony.

How to Check for Petty Misdemeanors in Court Records in Hawaii

Interested persons can check for petty misdemeanors in court records at the local court clerk’s office or online at the eCourt Kokua official records search site. The eCourt Kokua website allows residents and all members of the public to look up Hawaii court records. Researchers can find case details by party name, case ID, citation number, and can also check for upcoming court dates.

Local courts will often have their contact information, physical or email addresses listed on their websites. Interested persons can request copies of public court records or opt to view them in person at the court clerk’s office. For information on what documents may be required to access these records, contact the circuit or district court where the case is filed.

Can a Petty Misdemeanor Be Expunged or Sealed in Hawaii?

Yes, a petty misdemeanor record can be sealed in Hawaii. It is, however, dependent on whether or not the person was charged or convicted. Please note that if a person was only issued a citation or received a summons but was never arrested or booked for a criminal offense, then no arrest record was created.

For non-conviction arrests, an individual who was arrested and had the charges dismissed or acquitted for a crime may apply to have records of their arrest expunged (HRS § 831-3.2). The arrest record will be expunged from the arresting agency and all statewide repositories of criminal history record information. This does not apply to charges without a final disposition.

In a case of discharge and dismissal of a deferred acceptance of a guilty plea or a nolo contendere plea (no contest to charges), the defendant may apply 1 or 4 years after the discharge or dismissal, depending on the charges. For conviction records, the criteria are a lot more stringent and may not apply to petty misdemeanor records.

The court may enter an order to expunge a conviction record for only specific criminal offenses. Once granted, the conviction information may be expunged from the statewide repository of adult criminal history information only. The eligible offenses include:

• Persons under 23 operating a vehicle after taking a measurable amount of alcohol
• First-time drug offenders
• First-time drug offenders prior to 2004
• First-time property offenders

Here are some general rules that can help one understand qualifying offences and conditions for expunging petty misdemeanor records.