Felonies, Misdemeanors, And Infractions in Hawaii

Hawaii’s criminal justice system classifies offenses into three grades: felonies, misdemeanors, and violations. Felonies and misdemeanors are generally considered crimes in the state of Hawaii and are punishable by imprisonment and fines. The Hawaii penal code establishes the guidelines for definitions, penalties, and sentencing of crimes in Hawaii. To summarize, the trial process for state crimes in Hawaii follows the given categorization. Alongside record classifications, Hawaii law also sets statutes of limitations that limit when prosecutors can file charges in the state.

What Is A Felony In Hawaii?

Felonies are offenses punishable by prison terms of more than one year (HRS 0701–0107). They are the most serious category of offenses and include, but are not limited to, crimes against the person, property, and family. In Hawaii, felonies include first and second-degree murder, first and second-degree attempted murder, and felony classes A, B, and C:

• Class A felony: These offenses are considered the most serious and are punishable by imprisonment of up to 20 years without the possibility of probation or sentence suspension. They are also punishable by fines of up to $50,000 or both imprisonment and fines. As provided by the statute HRS 706–659, the Hawaii Paroling Unit may determine the minimum sentence for Class A felonies. Kidnapping is a Class A felony in Hawaii (HRS 707–720)
• Class B felony: Offenses designated as Class B felonies are punishable by imprisonment for up to 10 years and no less than 5 years. They are also punishable by fines of up to $25,000, or both imprisonment and fines. Second-degree forgery is a Class B felony in Hawaii (HRS 708–851).
• Class C felony: These are the least serious felony offenses, punishable by imprisonment for up to 5 years and fines of up to $10,000. They are also punishable by both imprisonment and fines. Credit card theft is a Class C felony in Hawaii (HRS 708–8102). As with other felony crimes, the Hawaii Paroling Unit may determine the minimum sentence for Class C felonies.

In Hawaii, first-degree murder and first-degree attempted murder are punishable by imprisonment for life without the possibility of parole. At the end of 20 years, the sentence may be commuted to imprisonment for life with the possibility of parole. Persons under the age of 18 who are convicted of murder and attempted murder may be sentenced to life imprisonment with the possibility of parole. Second-degree murder and second-degree attempted murder are punishable by imprisonment for life with the possibility of parole. (HRS 706–656). Persons convicted of felony crimes may have their sentences extended if the court determines that the extension is in the public good (HRS 706–662).

What Are Some Examples Of Felonies In Hawaii?

The following are examples of felonies in Hawaii:

• Use of a firearm in the commission of a separate felony
• Selected sexual offenses
• Manslaughter
• Identity theft
• Unauthorized computer access
• Robbery
• Arson
• Computer damage
• Theft
• Telemarketing fraud
• Unlicensed contractor fraud
• Trademark counterfeiting
• False labeling of Hawaii-grown coffee
• Reckless endangering
• Criminal property damage
• Violation of privacy
• Unauthorized entry into vehicles
• Unauthorized possession of personal confidential information
• Sex Offenses

Can I get a Felony Removed from a Court Record in Hawaii?

Records of non-convictions in Hawaii may be removed by a process of expungement. This means that if a person is arrested but not charged with a crime, or charged but not convicted, they are eligible to apply for expungement. When a person’s record is expunged, information about their arrest is typically removed from the state’s criminal history records database. If the arrest did not result in a conviction, the record may be expunged from the arresting agency’s database. If an expungement was granted for conviction information, the arrest record may still be available at the arresting agency. However, the state judiciary may not remove or seal expunged records. To be eligible for expungement, non-conviction records should exclude:

• Arrests of felonies or misdemeanors where no conviction has been obtained due to bail forfeiture
• An involuntarily hospitalized person
• A person whose charges were dismissed due to their mental status
• Persons who did not show up for prosecution

In the case of a deferred guilty or no contest plea acceptance, records are not eligible for expungement until one year after the case is dismissed (HRS 831–3.2).

Persons eligible for expungement may also request the return of fingerprints and pictures taken during the arrest. The request may be granted within 120 days, except when the defendant has a conviction record or is a fugitive from the law. The arresting agencies may retain fingerprints and photographs of convicts.

Juvenile records may be expunged on application by the person, their parents, or guardians if the following conditions are met:

• The case was not prosecuted or referred to the family court
• The person was counseled and released by the police and is now an adult
• The matter was prosecuted, and the person was found not guilty by the family court
• The case was dismissed with prejudice

If an expungement is granted, the court may forward copies of the expungement order to the Department of the Attorney General and the police department for the expungement of arrest records. The person whose record was expunged may also be granted an exemption certificate. This may authorize them to legally say they have no arrest records (HRS 571–88).

Not many adult conviction records can be expunged in Hawaii. For the eligible convictions, the records may be removed from state databases but may remain available to the court and law enforcement agencies. The eligible offenses include:

• First-time felony drug offenses, excluding methamphetamine offenses (HRS 706–622.5)
• First-time Class C felony property offenses (HRS 706–622.9)
• First-time drug offenses before 2004 (HRS 706–622.8)

All other felony offenses may not be expunged. The expungement process takes 120 days, after which applicants may receive their expungement certificate.

Persons with no prior felony convictions may defer acceptance of a guilty plea or acceptance of a nolo contendere (no contest) plea. This option becomes available if the defendant is charged with a crime eligible for probation and the court decides that the defendant is not likely to engage in criminal activity. Also, if the justice or the good of society does not require the defendant to suffer the consequences imposed by law, in this case, the defendant may be placed on probation for no longer than the term of their sentence. If they complete probation, the case may be dismissed, and the defendant may not be charged.

Persons whose cases have been thus dismissed may apply for an expungement one year after the date of dismissal (HRS 853–1).

Offenses not eligible for the deferred act include:

• Class A felonies
• Felony crimes that involve reckless, serious, intentional bodily injury to another person
• Conspiracy or solicitation to kill
• All other felony crimes except otherwise provided by statute
• Misdemeanor crimes with minimum sentences
• Offenses ineligible for probation
• Falsifying a report
• Prostitution
• Jury tampering
• Bribery

Other ineligible offenses are listed in HRS 853–4

Is expungement the same as sealing court records in Hawaii?

In Hawaii, expungement does not remove or automatically seal court records. An expungement removes arrest information from state criminal history databases. However, expunged records may still appear in court records and be available to the public on request. To protect criminal history records from public access, defendants are typically required to file a petition for a court order to seal the records. Persons whose records have been expunged will be treated as though they were never arrested.

How Long Does a Felony Stay on Your Record in Hawaii?

Felony records may stay indefinitely on a person’s criminal history record unless they are expunged or sealed. In addition to prison terms and fines, felony convictions have other consequences, such as the loss of civil and firearm rights. Persons convicted of felony crimes are not allowed to vote while they are incarcerated. They may be restricted from holding public offices, serving on a jury, or owning firearms. Some of the rights, such as voting rights and the right to hold public office, may be restored upon completion of the sentence. The restoration of other rights may require a pardon or an expungement of records.

What is a Misdemeanor in Hawaii?

In Hawaii, misdemeanors are criminal offenses less serious than felonies. Offenses designated as misdemeanors are punishable by prison terms of no more than one year in county jail and fines of up to $2000. Misdemeanors are classified as misdemeanors and petty misdemeanors (HRS 701–107, 706–640).

• Misdemeanors: offenses designated as misdemeanors are punishable by up to one year in county jail, fines of up to $2000, or both imprisonment and fines. False advertising is a misdemeanor in Hawaii. (HRS 708–871). Any offense designated a crime by state statutes without specification of the grade or sentence is a misdemeanor.
• Petty misdemeanors: offenses designated as petty misdemeanors are punishable by no more than 30 days in county jail, fines of up to $1000, or both imprisonment and fines. Criminal littering is a petty misdemeanor in Hawaii. (HRS 708–829)

What are some examples of Misdemeanors in Hawaii?

Some examples of misdemeanors in Hawaii include:

Misdemeanors:

• Third-degree assault
• Second-degree reckless endangering
• Second-degree terroristic threatening
• Aggravated criminal property damage
• Second-degree interference with custody
• Shoplifting
• Theft of a beer keg
• Failure to return a rental car
• Unlawful possession
• First-degree criminal trespass

Petty misdemeanors:

• Indecent exposure
• Solid waste pollution
• Excessive speeding
• Obstructing
• Harassment
• False swearing
• Failure to obey a summons
• Open lewdness
• Criminal use of a noxious substance
• Refusing to aid law enforcement officers

Can I Get a Misdemeanor Removed from a Record in Hawaii?

As provided by HRS 706–622.5, records of some misdemeanors are eligible to be expunged. Also, persons who voluntarily plead guilty or no contest to a misdemeanor may be eligible to have their sentence deferred (HRS 853–1). This means that their sentencing may be put on hold, and they will be placed on probation by the court if:

• The court determines that they are unlikely to commit a crime
• It is not required for public welfare or justice that the defendant suffer the penalties applicable by law

Upon completing the probation program, the charges against them may be dismissed, and they may not be convicted. Such persons may apply to have their records expunged one year after the case was dismissed. The Deferral Act may not apply if:

• The offense involves the killing of or bodily injury to another person
• The offense is a misdemeanor for which the law specifies a minimum sentence
• The offense is not eligible for probation.

Other crimes that are not eligible for expungement or deferral are listed in (HRS 853–4).

Can an OVUII Be Expunged in Hawaii?

In Hawaii, the offense of operating a vehicle under the influence of an intoxicant may not be expunged except:

• The offender was under the age of 20 at the time of the offense
• Charges against the person were dismissed
• The offense is a first-time offense
• Charges against the person were dismissed after completion of probation

Under these conditions, there can be only one dismissal and expungement for any person (HRS 712–1255, 1256)

What constitutes a Violation in Hawaii?

A violation is not considered a crime in Hawaii. Violations are offenses punishable only by fines, forfeiture, or other types of civil penalties. They are not punishable by imprisonment. If a person is convicted of a violation, it cannot result in the loss of any civil rights or any other civil disability that would be otherwise applied to a criminal offense. (HRS 701–107). Violations include offenses such as minor traffic violations and violations of municipal statutes. They are punishable by fines of up to $1000.

What are some examples of Violations in Hawaii?

Some examples of violations in Hawaii include:

• Simple trespass
• Modifying a moped motor
• Operating a phone while driving
• Failure to use a seatbelt
• Violating child passenger restraint statutes
• Standing in the bed of a pickup truck
• Following too closely, except in funeral processions
• Driving through a safety zone
• Noncompliance with the speed limit
• Sudden acceleration on the highway
• Parking on sidewalks
• Coasting
• Littering from vehicles
• Noncompliance with stopping, parking, or standing requirements

Can Violations be Expunged from a Hawaii Criminal Court Record?

Violations are not typically considered crimes in Hawaii. However, records of arrests, summons, tickets, and traffic infractions may be held by the arresting agency. Non-conviction records may be expunged as provided by HRS 831–3.2. Persons whose records have been expunged will be treated as if they were never arrested and may request a return of all fingerprints and photographs taken in the course of the arrest.

What is Deferred Adjudication in Hawaii?

Although Hawaii does not use the label deferred adjudication, it maintains similar probation schemes that serve a similar purpose. Hawaii offers what is called a “deferred acceptance of a guilty plea” or a “deferred acceptance of a nolo contendere plea”. There are also conditional discharge/probation schemes that may be available for certain drug offenses. These programs work similarly to deferred adjudication in that, instead of a court entering a judgment, it places the defendant on probation with conditions, and when the deferral is complete, the case is discharged and dismissed. A year after discharge, the defendant may apply for the record to be expunged.

Under HRS Chapter 853-1, when a defendant voluntarily pleads guilty or nolo contendere before the commencement of a trial, the court, without accepting the plea or entering the guilty judgment, may defer the proceedings. With the consent of the defendant and the prosecutor, proceedings may be deferred for a period and conditions set by the court, which do not exceed the maximum sentence for the case. The defendant will be required to pay compensation and probation services fees imposed by the court unless waived. After completing the deferral and complying with all conditions set, the court will discharge the defendant and dismiss the case.

Under HRS §712-1255, a first-time offender of any crime relating to a drug-related charge who pleads guilty to or is found guilty of promoting a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound, the court may defer proceedings and place the defendant on probation with certain terms and conditions. This is referred to as Conditional Discharge. On fulfillment of the probation and all its terms/conditions, the court shall discharge the defendant and dismiss the case. Defendants can only obtain one discharge and dismissal under this statute.

To be eligible for these programs, the following conditions must be met:

• The defendant must be a first-time offender.
• The defendant voluntarily pleads guilty ot nolo contendere before the trial.
• The offense cannot be one of the excluded offenses in HRS §853-4.
• The defendant accepts all conditions imposed by the court, including probation, treatment, and fees.
• The defendant should have no prior convictions or similar deferrals that would disqualify them.

After completing the probational period successfully and having the case dismissed, the defendant gains the right to apply to have the record expunged.

Types of Crimes Eligible for Deferred Adjudication in Hawaii

Hawaii employs several schemes similar to deferred adjudication, including the Deferred Acceptance of Guilty (DAG) or Nolo Contendere (D.A.N.C.) plea and Conditional Discharge. These are set down under chapter 853 and §712-1255 of Hawaii’s Revised Statutes, respectively.

Crimes that qualify for these schemes under Hawaii law include the following:

• Petty misdemeanors and non-violent misdemeanors such as petty theft, shoplifting, and some traffic offenses. However, repeat offenders and misdemeanors are excluded by law are not eligible.
• Certain low-level felonies, such as property crimes, may qualify if they are non-violent first offenders.
• Drug offenses such as minor possession and promotion may qualify under HRS §712-1255 if they are first offenses.
• Sometimes, first-time Operating a Vehicle Under the Influence of an Intoxicant (OVUII) may be considered if they meet the criteria.

Under HRS §853-4, certain serious offenses, such as murder, rape, and assault with a deadly weapon, are barred from deferred acceptance schemes.