Understanding Misdemeanors in Hawaii

Under the Hawaii Revised Statutes (§ 701-107), crimes are categorized into three grades: felonies, misdemeanors, and petty misdemeanors. While felonies are the most severe offenses in the state and carry the steepest penalties, misdemeanors are treated as lesser crimes with more lenient sentencing guidelines, even though they remain legally significant.

In any case, a crime is only a misdemeanor when it meets the following criteria:

• It is designated a misdemeanor by the HRS or any other applicable statute
• It carries an imprisonment term of not more than 1 year

Petty misdemeanors may be considered a subset of general misdemeanors, as they carry a sentence of not more than 30 days.

Examples of Misdemeanors in Hawaii

Misdemeanors in Hawaii encompass a range of offenses categorized under the state's criminal law. They include offenses against the person, offenses against property, inchoate crimes, and offenses against the family.

Offenses are generally grouped by their degree of severity, with misdemeanors representing the least serious level within their respective category. For example, criminal property damage may be charged as a petty misdemeanor, misdemeanor, or felony, depending on its statutory designation and the presence of aggravating factors that elevate it to a more serious level.

That said, misdemeanor cases form a significant volume of the Hawaii Criminal Court Records, with common examples described below:

Penalties for a Misdemeanor in Hawaii

Misdemeanors in Hawaii are punishable under the HRS with a maximum imprisonment term of 1 year, while petty misdemeanors carry a maximum jail term of 30 days. Apart from imprisonment terms, the state also prescribes other penalties for misdemeanors, including a fine not exceeding $2,000 for misdemeanors, and $1,000 for petty misdemeanors (§706-640 of the HRS). However, a fine will not be imposed when:

• The defendant is or will be unable to pay the fine.
• The fine will prevent the defendant from making restitution to the victim of the crime.

It is important to note that judges have discretion to sentence an offender to any term of imprisonment or fine within the legally prescribed maximum. Consequently, the specific punishment for a misdemeanor in Hawaii differs from case to case. It may be primarily influenced by mitigating or aggravating factors, such as a prior record or the nature of the offense.

Probation and Alternative Sentencing Options in Hawaii

While an imprisonment term is characteristic of misdemeanors in Hawaii, §706-640(1) of the HRS indicates that a court is not required to impose a jail term for a misdemeanor. For example, the sentencing judge may order a defendant to pay fines only without pronouncing a term of imprisonment.

Other non-jail sentencing options prescribed by the Hawaii Revised Statutes include:

• Probation for a maximum of 1 year for misdemeanors and 6 months for petty misdemeanors (§ 706-620 of the Hawaii Statutes), with conditions such as drug testing, sex offender treatment, electronic monitoring, and counseling programs
• Restitution (§ 706-646 of the Hawaii Statutes)
• Community service (§ 706-605 of the Hawaii Statutes)
• Suspended sentence
• Driver education
• House arrest under Hawaii's Home Detention Program, as defined in the Hawaii Department of Corrections and Rehabilitation’s Electronic Monitoring Service (EMS) resource

Can a Misdemeanor Be Expunged or Sealed in Hawaii?

Yes. § 831-3.2, Hawaii Revised Statutes (HRS) provides for expungement of non-conviction misdemeanor records, a process whereby arrest information is removed from the statewide central repository of adult criminal history record information. Misdemeanor records not eligible for expungement under Hawaii Law include:

• Arrests where a conviction has not been obtained because of bail forfeiture
• Where a person was hospitalized involuntarily based on § 706-607 of the HRS
• Where a person had their charges dismissed or was acquitted due to a mental or physical disorder pursuant to Chapter 704 of the HRS
• Most charges with guilty dispositions
• Charges where less than 1 year has passed since the dismissal of a deferred acceptance of a guilty or no contest plea
• Prostitution charges under § 712-1200 of the HRS, where it has been less than 3 years since the dismissal of a deferred acceptance of a guilty or no-contest plea

Although conviction records are generally ineligible for expungement in Hawaii, a court may grant an expungement order for the following convictions:

• Driving with any measurable amount of alcohol in one's system while under the age of 21 at the time of the offense
• Sentencing for a first-time drug offender
• First-time drug offender before 2004
• Sentencing for a first-time property offender

The table below summarizes the expungement eligibility status for most types of applicants in Hawaii

Long-Term Consequences of a Misdemeanor Conviction

The repercussions of a misdemeanor conviction extend beyond the completion of the statutory sentence. For many individuals, a criminal record may create persistent obstacles in daily life, even years after the offense occurred. These ongoing challenges frequently include:

Reduced Job Prospects

While the Hawaii Revised Statutes § 378-2.5 limits an employer’s ability to ask about an individual’s conviction record, the law still allows employers to consider that information once a conditional job offer has been made. The statute also contains several exemptions for certain employers. Consequently, individuals with misdemeanor convictions may still encounter difficulties obtaining employment in many situations.

Professional Licensing

A misdemeanor conviction for certain offenses may limit convicts from continued practice or enrollment into specific professions, especially in industries that require contact with vulnerable persons, such as children.

Inclusion in Sex Offenders Register

Conviction for certain misdemeanor sexual offenses, especially sexual assault in the 4th degree, requires the convict to register as a sex offender (Chapter 846E Registration of Sex Offenders and Other Covered Offenders). This lifetime registration comes with unique challenges, including long-term social stigma.

What to Do if You’re Charged with a Misdemeanor in Hawaii

In Hawaii, the criminal process begins when a person is arrested or charged for an alleged offense. The subsequent processes, including arraignment, plea, and trial, are crucial to the outcome of the case and require professional legal guidance to navigate.

Consequently, accused persons are often encouraged to contact a licensed criminal defense attorney as soon as possible. From gathering necessary documents and managing filings to speaking with witnesses, collecting evidence, and providing advocacy, a defense attorney may handle the most demanding aspects of the case. This allows the accused to focus on the essential tasks required of them, such as attending all scheduled court hearings.

Indigent defendants who desire skilled legal representation may connect to the Hawaii Online Pro Bono portal for free legal advice and counsel from volunteer attorneys. The court may also appoint a Hawaii public defender to represent an accused person who cannot afford to hire a lawyer.

In any case, Hawaii allows accused persons to voluntarily represent themselves in court if they choose. When doing so, individuals are encouraged to thoroughly research and understand the charges against them, avoid missing any court hearing without valid reasons and prior court approval, pay close attention to all court notices and deadlines, and gather as much relevant evidence and documentation as possible to support their position.

Statute of Limitations for Misdemeanors in Hawaii

Per § 701-108 of the Hawaii Revised Statutes, the State of Hawaii has 2 years after the date a misdemeanor is committed to initiate prosecutorial proceedings. The limitation period for petty misdemeanors is one year. If the State fails to initiate prosecution within this timeframe, it may forfeit its right to pursue the charge.

That said, it is essential to note that the time of limitation does not run at any time when:

• A prosecution against the offender for the same conduct is pending in Hawaii.
• The accused is continuously absent from Hawaii (but this shall not extend the time limit beyond 4 years).