Are Criminal Records Public In Hawaii?

In Hawaii, criminal records for convictions are accessible to citizens under the Hawaii Uniform Information Practices Act (UIPA), this means that the general public is allowed to inspect or copy records of criminal charges leading to a conviction. Hawaii makes public criminal records available at several public access sites.

Note that records that did not result in convictions or are still pending are considered confidential and not made publicly available. Juvenile criminal records are also automatically sealed in Hawaii and are not publicly available without a court order. Hawaii criminal records that have been expunged are prohibited from view except in limited circumstances.

What Is Included In A Criminal Record In Hawaii?

A criminal record is an official document containing information collated by local and state law enforcement agencies with possible or confirmed violation of the Hawaii Penal Code and other laws in which offenses are described. Hawaii’s criminal records include non-conviction records such as questioning on suspicion, accusation, or involvement in crimes in which no charges were pressed. Interactions with any criminal justice department in the state are included in a Hawaii criminal record.

Generally, a criminal record contains:

• The subject’s full name and known aliases
• The subject’s fingerprint
• Physical descriptors such as hair color, eye color, and tattoos
• Biographical information such as age, sex, and nationality
• Offenses
• Arrests
• Convictions
• Incarceration data
• Jail records
• Bail and bond details

How To Look Up My Criminal Records In Hawaii?

Individuals that seek to look up their criminal records may do so at the Hawaii Criminal Justice Data Center. Criminal history information in Hawaii is centrally maintained and provided by the CJDC through its Criminal History Record Checks (CHRC) Unit. Note that under Chapter 704 of the Hawaii Revised Statutes, the CHRC unit also provides access to records resulting in convictions (found guilty), or acquittals/dismissals due to physical or mental disease, disorder, or defect. Juvenile criminal records will only be available through the CHRC if the case was transferred to an adult court.

To obtain a criminal in Hawaii, send a request to the Hawaii Criminal Justice Data Center. Include the name, date of birth, and the processing fee of $30 for each record check. Requestors may also include the social security number, but this is optional. The processing fee must be paid as a money order or cashier’s check made payable to the “State of Hawaii.” Criminal records are usually mailed to requesters within seven to ten days. There is an additional certification fee of $20 for persons that require criminal records notarized or certified. Criminal records processed by the CHRC unit carries the embossment seal of the department.

Mail completed Request for Criminal History Record Check form to:

Hawaii Criminal Justice Data Center

Attn: CHRC Unit

465 S. King Street, Room 102

Honolulu, HI 96813

For more information on obtaining criminal records from the CHRC section of the Hawaii CJDC, call the contact line at (808) 587–3279. Hawaii citizens may also lookup available criminal records (name-checks) at Public Access sites:

Honolulu Police Department

801 South Beretania Street

Honolulu, HI 96813

Phone: (808) 529–3191

Hawaii Police Department

349 Kapiolani Street

Hilo, HI 96720

Phone: (808) 961–2233

Kona Police Station

74–5221 Queen Kaahumanu Highway

Kailua-Kona, HI 96740

Phone: (808) 326–4646 ext. 286

Kauai County Police Department

3990 Kaana Street

Lihue, HI 96766

Phone: (808) 241–1661

Maui County Police Department

55 Mahalani Street

Wailuku, HI 96793

Phone: (808) 244–6345/6355

How Can I Get My Criminal Records For Free In Hawaii?

There are no provisions for obtaining a Hawaii criminal record for free. Criminal records may be obtained from the Criminal History Records Checks Unit of the Hawaii Criminal Justice Data Center for nominal fees. Requesters can also obtain criminal records from other public access sites in Honolulu, Kona, Kauai, and Maui.

Hawaii lists varying fees for obtaining or looking up a criminal record depending on use and the requester’s preference:

• Name-based Search - $30
• Access and Review - $30
• Fingerprint Services/Card - $25
• Fingerprint-based Search - $30
• Wrongful Use of Name/SSN - $30
• Certification/Notarization - $20

How To Search Criminal Records Online In Hawaii?

Hawaii provides online access to criminal conviction data through its Adult Criminal Conviction Information (eCrim) portal. Searches conducted through the eCrim portal are linked to the criminal history record files maintained by the Hawaii CJDC. Persons who require instant criminal history record checks online may find the eCrim portal useful. The portal allows users to obtain an online printout of criminal records that may be submitted for various purposes. Users are advised to check with the agency where an eCrim printout will be submitted that the portal’s clearances are accepted.

Note that the eCrim portal is a paid service and requires a user to create an account before use. Users may create an account for free; however, each unique search costs $5 while an official eCrim report costs $15. Fees are payable by credit card. eCrim’s search criteria include name, social security number, date of birth, and gender. Contact (808) 587–3279 for more information about criminal records available on eCrim.

The Hawaii CJDC also maintains a central database of sex offenders and other covered offenders in the state. Persons who have been convicted of specific sex offenses are required to register in the Hawaii sex offender registry in line with HRS Section 846E–2. Users may search criminal records of sex offenders by providing the name of the offender and the distance from the user’s current location. Optional filters on the portal include zip code, offender type, city, street name, and status of the offender.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How To Get Criminal Records Expunged In Hawaii?

Eligible persons in Hawaii may appeal to have their criminal records expunged under section §831–3.2 of the Hawaii Revised Statutes (HRS). Hawaii defines expungement as removing an individual’s criminal record from the statewide central repository of adult criminal history record information. Expungements in Hawaii are generally open to criminal records that did not result in a conviction. However, the state also allows for expungements of criminal records leading to conviction only in a few cases, namely:

• First-time drug offender before 2004
• Sentencing for a first-time property offender
• Sentencing for a first-time drug offender
• Driving under the influence convictions for persons under the age of 21

Hawaii citizens may not petition for expungements in the following instances:

• Charges without final dispositions
• Charges leading to acquittals due to insanity or mental incapacity
• Charges with less than one year from the dismissal of a deferred acceptance of guilty or no-contest pleas
• Prostitution-related charges with less than four years from dismissal or deferred acceptance of guilty or no-contest pleas
• Charges with guilty dispositions except in DUIs for persons below the age of 21, first-time drug-related, and first-time property offender convictions
• For a period of five years after a citation in the case of a petty misdemeanor or violation where a conviction has not been obtained as a result of a bail forfeiture
• Existence of pending charges
• Pardoned conviction(s)
• Any other circumstance listed in section 831–3.2, HRS

After determining eligibility, the next step in obtaining an expunction of criminal records is to complete the Expungement Application Form legibly. Note that the Hawaii CJDC will deny illegible and incomplete applications. Persons applying to have a criminal record of eligible Hawaii convictions expunged are required to attach a copy of the relevant court documents in their submissions. Although it is not required for persons seeking expunctions for non-conviction records, sending in a certified dismissal order may be helpful. Requesters may search court records or request copies of court records from the Hawaii courts website. Copies may also be obtained by calling the Judiciary Communication and Community Relations Office at (808) 539–4909.

There is a $35 fee for first-time expungements and $50 for non-first-time expungements. A non-refundable fee of $10 is included in the charge as an administrative fee. Fees may be paid by money order or cashier’s check, payable to the “State of Hawaii.” Personal and business checks are not accepted and will result in a denial of application if used. Submit completed expungement form and payment in person at the Hawaii Criminal Justice Data Center or mail to:

Hawaii Criminal Justice Data Center

Expungement Section

465 S. King St. #102

Honolulu, HI. 96813

If an applicant is determined to be ineligible, the expungement form and fee are returned, excluding the $10 non-refundable administrative fee. The Hawaii law requires the finalization of an expungement process within 120 days. Afterward the applicant receives a Certificate of Expungement by mail, if successful. A Hawaii Certificate of Eligibility clearly states which criminal records have been expunged from the subject’s criminal history.

To obtain a duplicate expungement certificate from the Hawaii CJDC, mail requests to the HCJDC at 465 South King Street, Room 102, Honolulu, HI 96813. It may take up to 30 days to receive a response. Requests for a duplicate copy must include:

• Full name
• Previous names or known aliases
• Date of birth
• Mailing address
• A copy of valid photo ID
• Day-time phone number
• List of expunged charges
• Request date
• Applicant’s signature
• A cashier’s check or money order for $20 made payable to the “State of Hawaii.”

Juvenile criminal records are automatically prohibited from public access in Hawaii but remain on respective criminal histories. Some of these records may qualify for an expunction once the subject of the record becomes 21 years old. Unlike adult convictions that are handled by the Hawaii CJDC, juvenile conviction expunctions are handled by the Hawaii Family Court. Juvenile criminal record expungements must be requested in writing and submitted to the Family Court.

The juvenile’s parent or guardian may write a juvenile record expungement application request if the juvenile is still considered a minor by law. The court may issue an expungement order if an arrest was made under section 571–11(1) or (2), and the matter was not referred to the prosecuting attorney or the family court. In situations where the case was referred to the prosecuting attorney or the family court, Hawaii law requires that the juvenile is not adjudicated responsible by the court, or the matter is dismissed with prejudice.

How To Get Criminal Records Sealed In Hawaii?

Although a Hawaii expungement removes criminal records from the statewide central repository, it does not remove or seal court records or traffic abstracts. Therefore, criminal histories remain on court records and are accessible to the public through the Hawaii Judiciary criminal case and traffic information system, eCourt Kokua. Hawaii citizens are advised to obtain a certified copy of their court record for keeping before sealing.

To seal criminal court records after obtaining a Certificate of Expungement from the Department of the Attorney General, write a request letter to the court where the expunged case was filed. The request letter must include the applicant’s full names, current mailing address, and a working phone number. Attach a copy of the expungement certificate and address it to “Legal Documents” at the relevant court:

First Circuit - O’ahu

District Court—Legal Documents

1111 Alakea Street

Honolulu, HI 96813

Phone: (808) 538–5629

Second Circuit - Maui, Moloka’i, Lana’i

Second Circuit Court—Legal Documents

Hoapili Hale

2145 Main Street

Wailuku, HI 96793

Phone: (808) 244–2706

Third Circuit -Island of Hawaii

Hale Kaulike—Legal Documents

777 Kilauea Avenue

Hilo, HI 96720

Phone: (808) 961–7440

Fifth Circuit - Kaua’i, Ni’ihau

Fifth Circuit Court—Legal Documents

3970 Kaʻana Street

Lihue, HI 96766

Phone: (808) 482–2300

Successful applicants will receive a notification from the judge by mail. The notification contains an order sealing the expunged record.

Who Can See My Expunged/sealed Criminal Records In Hawaii?

Conviction records and court records that have been sealed have become confidential and are no longer accessible to the public. However, under Haw. Rev. Stat. § 831–3.2(d), the records are still accessible by law enforcement agencies and may be divulged upon inquiry to:

• A court of law or an agency preparing a presentence investigation for the court
• An agency of the state or federal government considering the record’s subject for a position immediately and directly affecting the state or national security
• A law enforcement agency acting within the scope of their duties

Hawaii laws permit persons who have obtained an expungement certificate to deny the existence of the records stated on the certificate whether or not under oath without the fear of being subject to any action of perjury, discharge from employment, civil suit, or other adverse actions.