Are Honolulu County Records Public?

Yes. Honolulu County records are public under the Hawaii Open Records Law. The Hawaii Uniform Information Practices Act (UIPA), codified in Hawaii Revised Statutes §92F, is Hawaii’s public records law governing public access to official records of Honolulu County agencies. Under the UIPA, all records created or maintained by Honolulu County agencies are deemed public records.

The UIPA defines a public record as any document, manuscript, book, paper, photograph, electronic record, or other material made or received by a governmental agency in the conduct of its official business.

The Hawaii Uniform Information Practices Act (UIPA) applies to all state and local government agencies, including the legislature. However, it does not primarily govern public access to judicial records. Instead, public access to Honolulu County court records in Hawaii is governed by the Hawai‘i Court Records Rules (HCRR), which outline the scope, definitions, and procedures for accessing court records.

What is Exempted Under the Hawaii Public Records Act?

While Hawaii's public records law statutorily grants the public the right to look up, obtain, or request access to records held by government agencies, it includes exemptions that allow agencies to withhold certain records to protect privacy and safeguard sensitive data.

To this effect, government agency records may be withheld entirely or redacted before disclosure. The UIPA provides five categories of exemptions under HRS § 92F-13. Examples of records under those categories exempt from disclosure include:

• Medical, financial, or personnel files
• Court-sealed documents
• Records restricted under federal or state law
• Law enforcement investigation records
• Security-related records
• Trade secrets
• Attorney work products
• Records protected by attorney-client privilege
• Drafts, deliberative materials, and working papers.

If a record is exempt, agencies may redact portions and release the rest or withhold it entirely if redaction is impossible. While a record may be exempt from public disclosure, certain individuals, such as the subject, legal representatives, government agencies, and authorized entities, may still have access.

Note: Suppose a requester believes access to a record has been improperly denied under the UIPA. In that case, they can appeal to the Office of Information Practices (OIP), which will review the denial and issue a decision.

Honolulu County Public Record Search

Individuals seeking to conduct public records searches in Honolulu County must first determine the type of record they need and identify the government agency responsible for maintaining it. This step is critical because submitting requests to the wrong agency for a publicly available record will lead to denials and delays in obtaining the desired record.

Follow these steps for public records searches in Honolulu County:

• Determine the record type-such as property, court, or vital records (e.g., birth or marriage certificates).
• Identify the custodian agency (e.g., the judiciary for court records, the Department of Health for vital records, the Department of Budget and Fiscal Services, Real Property Assessment Division for property records)
• Submit a request: Most agencies allow individuals to submit requests online, in person, or by mail. Information on the accepted channels, forms, and instructions on submitting requests is mostly available on the official websites of Honolulu County agencies.
• Search online databases: Individuals can also search online for the needed records via the official repositories of an agency (if available). I.e., "Property Search" for property records, "eCourt Kokua" for court records, etc.

Requesters should note that government agencies may charge fees for retrieving, duplicating, or certifying records, and processing times, especially for in-person requests, can vary by agency. All requests should be specific and contain sufficient details of the record being sought.

Find Public Records For Free in Honolulu County

Individuals can find public records for free in Honolulu County by visiting a record custodian’s office during office hours. They can typically look up or inspect these records at no cost. However, this is generally limited to viewing, as fees are charged for copying or duplication.

Alternatively, individuals can look up these records for free on third-party websites. These sites are operated by independent vendors that aggregate government records from various sources and make them available to the public. Individuals can use these platforms to search for and access public records across multiple states and regions. However, while some sites offer free services, others may charge minimal fees. It is important to note that, because third-party sites are unofficial, the availability, reliability, volume, and accuracy of public records they contain cannot be guaranteed.

How to Remove Information From Public Records Free

A record subject can remove their information from a public record in Honolulu County. However, they must first identify the information to be removed and check its eligibility for removal, sealing, or expunction under Hawaii Revised Statutes § 831-3.2. Under this law, individuals can petition for the removal, restriction, or destruction of records from public access if they meet the eligibility requirements.

To remove an eligible record from public access, the record subject should contact the applicable custodian agency for guidance or instructions. Before a request or petition is submitted, the record subject must gather necessary documentation, including filled-out forms, identity verification, and court documents that support the request.

The Hawaii Criminal Justice Data Center contains information on the process and forms for submitting expunction or sealing requests under Hawaii Revised Statutes § 831-3.2.

Who Can Access Honolulu County Public Records in Hawaii?

Per Hawaii Revised Statutes §92F-3, "any person" can access Honolulu County public records. "Person" is defined broadly to mean individuals, corporations, government agencies, and any other legal entities.

Under this law, a government agency generally cannot limit access based on who the requester is or the proposed use of the record. Additionally, persons requesting public records in Honolulu County don't have to be county or state residents.

Note: While anybody can request access to public records in the county, Hawaii law allows public agencies to charge fees to cover the cost of responding to a public records request.

What Happens if I Am Refused a Public Records Request?

The Uniform Information Practices Act (UIPA) guarantees individuals the right to access Honolulu County public records, unless access is restricted or closed by law. To this effect, the UIPA requires an agency to make a government record available for inspection and copying.

Despite this, a request may be denied or rejected in certain situations, such as:

• The requested record is exempt from disclosure under HRS § 92F-13. In such a case, the agency is authorized to restrict or deny access to that record
• The request for the public record is submitted to a government agency not responsible for such records
• If the request is too broad or does not specify the exact information needed

If a request is denied, the requester can appeal the decision within the agency itself or file an appeal with the Office of Information Practices, which oversees the implementation of the UIPA. The OIP will review the denial and issue a decision. Otherwise, individuals can bypass the OIP and file an appeal in the circuit court. The court will review the case to determine whether the denial was justified under the UIPA.