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Kauai County Arrest Records
Arrest records are documents generated and maintained by law enforcement agencies that comprise information about an arrest. Arrest records, alongside Kauai County court records, can provide individuals with an overview of a person’s interaction with the criminal justice system.
Arrests are made when a person is deemed to have committed an offense. The Kauai County Police Department is the primary local law enforcement agency responsible for arrests on the county level. Unlike some other counties, Kauai does not have a locally managed sheriff’s office. Instead, the Sheriff’s Division operates under the jurisdiction of the state, with deputies assigned to oversee specific county operations.
Arrestees are kept in the Kauai Community Detention Center, which is managed by the Hawaii Department of Corrections and Rehabilitation (DCR).
Are Arrest Records Public in Kauai County?
Yes. The Hawai’i Uniform Information Practices Act (UIPA) governs access to Kauai County’s public records, including arrest records. Under the Act, custodians of arrest records must make records available for public inspection during business hours. However, an arrest record will be withheld from public inspection if the individual's (named on the record) right to privacy outweighs the public’s right to access. Examples are records that contain medical information, information that is part of an investigation, or information that may cause harm to an individual. Juvenile arrest records are confidential and not subject to public disclosure under the UIPA. Additionally, an arrest record can be withheld by court order.
If a person is denied access to an arrest record, they may appeal the denial to the Office of Information Practices (OIP) for review. If the OIP upholds the denial after review, the individual may appeal the denial to the Circuit Court.
What Do Public Arrest Records Contain?
Public arrest records contain information that is not confidential under the UIPA and has not been restricted by the court. Typically, these records contain personal details of the arrestee, such as name, age, gender, and race, along with arrest specifics like the arresting agency, charges, booking number, bond amount, and mugshots.
Kauai County Arrest Statistics
The Crime Prevention and Justice Assistance Division (CPJA)’s Research and Statistics Branch serves as Hawai‘i’s designated Statistical Analysis Center. The Research and Statistics Branch oversees the state’s Uniform Crime Reporting program, through which local law enforcement agencies submit their crime and arrest report to the CPJA.
Individuals can view Kauai County arrest statistics on the Hawai’i NIBRS Dashboard. In 2023, the dashboard reported 1,127 arrestees with a known age group. Additionally, 1,052 arrestees were categorized by gender and 1,101 by race. Most arrests in the county were for crimes against persons, with 369 males and 194 females arrested.
Find Kauai County Arrest Records
Individuals can obtain an arrest record in person at the Kauai County police department or submit a Records Request for Non-Businesses form online. A requester must provide their full name, address, phone number, and ID (driver’s license or State ID) at the time of the request. A requester will also have to indicate the type of record requested and the date of the incident. The department may require a fee to process the request. The department will schedule an appointment with the requester to pick up the record once it is ready.
In-person requests can be made at the department’s address below:
Kauai Police Department
3990 Ka‘ana Street, Suite 200
Lihue, HI 96766
The State of Hawai’i Department of Corrections and Rehabilitation (DCR) maintains the records of persons incarcerated in a state correctional facility. The DCR grants the public online access to these records through a third-party partner vendor. Researchers can locate an inmate’s record using their name or ID number.
Federal offenders are supervised by the Federal Bureau of Prisons (BOP). The BOP’s Inmate Locator can be used to search for a federal inmate. Individuals may use the offender’s name or federal ID number to locate the inmate.
Free Arrest Record Search in Kauai County
Kauai County arrest records can be accessed on external (non-official) online databases. These databases are managed by companies that obtain arrest records from the Kauai Police Department and make them publicly available. A record can usually be searched for on the database using the subject of the record’s name. Once located, the user will be privy to the record’s content. However, while some information may be provided for free, full access often requires a fee.
How Long Do Arrests Stay on Your Record?
Neither county nor state law states how long an arrest remains part of an individual’s record. Arrest records are generally maintained forever unless in Kauai County. Hawai’i law makes provision for the expungement of certain arrest records. Eligible records may be expunged when an individual petitions the court. However, an expungement does not erase the record so it can be accessible to the judicial and criminal justice agencies.
Expunge Kauai County Arrest Records
An expungement in Kauai County removes an arrest record from publicly accessible criminal justice databases.Governed by Hawai‘i Revised Statutes Section 831-3.2, the statute details the process and eligibility requirements for expungement. Individuals arrested but not convicted, or those eligible for redress, may apply for the expungement of their arrest record by submitting a written application to the Attorney General's office. An application is submitted to the Attorney General’s Office through the Hawaii Criminal Justice Data Center. Arrests under the following category are ineligible for expungement:
- Misdemeanor or felony arrests that received no conviction as a result of bail forfeiture
- Arrests that received no conviction because the defendant absconded from the jurisdiction
- Arrests where the individual was involuntarily hospitalized or the charges were dismissed due to physical or mental health illness
- Arrests where the individual received a pardon
- Charges within one year following the dismissal of a deferred acceptance of guilty or nolo contendere plea.
Individuals who received no conviction for a petty misdemeanor or violation due to bail forfeiture may file for expungement after five years following the arrest. Persons eligible for expungement may also request a return of their fingerprints and photographs associated with the arrest. However, if the requester has a conviction or is a fugitive from justice the request may be denied.
The cost for an expungement is $35 for first-time applicants and $50 for subsequent requests. Each payment includes a non-refundable administrative fee, which is not reimbursed even if the arrest is deemed ineligible for expungement. Payments can be made in person or mailed along (money order or cashier’s check) with the Expungement Application form to the Hawai’i Criminal Justice Data Center at:
Hawaii Criminal Justice Data Center
Expungement Section
465 S. King St. #102
Honolulu, HI. 96813
Individuals filing an expungement for the following convictions may need to submit their court documents along with the expungement application.
- Driving Under the Influence
- Under the Age of 21 conviction
- First time drug related/property offender conviction
An expungement request takes around 120 days to be processed. If an expungement request is granted, the arrest record is sealed and archived in a confidential file, making it inaccessible to the public. A certificate of expungement is then issued to the individual. However, if the expungement order was for conviction records, the arrest record may still be accessible through the arresting agency.
Kauai County Arrest Warrants
An arrest warrant is a document comprising a judicial order for the arrest of an individual. In Kauai County, the issuance of arrest warrants is guided by Rule 3 of the Hawai’i Rules of Penal Procedure. Applications for the issuing of an arrest warrant are made at the Kauai County district court. An application may be submitted in one of three formats: as a declaration, an affidavit, or a complaint accompanied by a supporting declaration or affidavit. A sworn oral statement made by a complainant may serve as an affidavit. An application must detail facts that establish probable cause that an individual has committed a crime. Failure to establish probable cause will lead to a denial of the request.
Arrest warrants issued in Kauai County usually contain the defendant’s name, the date of issuance, the order for arrest, the arrest charges, and the name of the issuing judge.
Do Kauai County Arrest Warrants Expire?
No. Arrest warrants, once issued, are not affected by the passage of time and remain active until executed. The urgency of execution can vary depending on the severity of the offense. Factors such as challenges in locating the suspect, jurisdictional issues, or limited law enforcement resources can delay execution. However, in some cases, the court may recall and void a warrant. This may happen if the warrant is defective or the underlying case has been resolved.