Hawaii Arrest Records

Hawai'i Revised Statutes (HRS) § 378-1 defines an arrest record as any information about anyone questioned, apprehended, held in custody, or for investigation by law enforcement agencies. These records contain details of the individual charged with a crime, served with a summons, arrested with or without a warrant, tried, or found guilty by any law enforcement or military authority.

Maintaining arrest records is an essential aspect of the Hawaii criminal justice system. Police departments, law enforcement agencies, and other criminal justice organizations maintain these records to provide an official account of the judicial process. The information typically found in a Hawaii arrest record includes the detainee's name, race, physical description, date of birth, the arrest location and ate, the charges brought against the individual, previous arrests or convictions on the individual's record, the arresting agency, and a bail amount set. Arrest records are crucial for ensuring public safety.

Are Arrest Records Public in Hawaii?

Yes. The Hawaii Uniform Information Practices Act (UIPA) states that all agencies should make arrest records available for inspection and copying during normal business hours, except those deemed confidential by law. In Hawaii, confidential arrest records are only accessible to criminal justice organizations and organizations legally permitted within the state's jurisdiction. Some examples of arrest record information exempted from public disclosure are:

• Investigatory records
• Juvenile arrest records
• Arrest records that are sealed or expunged per court order
• Non-conviction or pending arrest records
• Private details about the arrestee, including home address, phone number, and social security number

How Do I Look Up Arrest Records in Hawaii?

Interested members of the public may lookup Hawaii arrest records online, by fax, phone, email, mail, or in person at local police departments. For example, the Hawaiʻi County Police Department provides access to adult arrest information via phone at (808) 961-2213. A copy of an arrest record costs $25 per copy or search.

The Hawaii Criminal Justice Data Center (HCJDC) also maintains state arrest records. Public arrest records are available through the Adult Criminal Conviction Information (eCrim) site. To perform a search with the site, inquirers may use search criteria such as the subject's name, date of birth, social security number, and gender. This service costs $5 per search, but a certified copy costs $10. The requester will receive an emailed criminal history record report after payment. Other options for retrieving Hawaii arrest records at the HCJDC are through a Name-Based Background Check, done by mail or in person. These services attract a $30 fee. The processing time is between 3 and 5 business days (with notary, 7 to 10 business days). The acceptable payment methods for in-person requesters are credit, debit, Apple Pay, money order, or cashier's check. Mail requesters must complete the HCJDC-073 form (Name-Based). The form, alongside a service fee payable by money order or cashier's check), must be mailed to:

Hawaii Criminal Justice Data Center

Attn: CHRC Unit

465 S. King Street, Rm 102

Honolulu, HI 96813

The HCJDC also processes fingerprint-based background checks via mail or in person. In-person requesters must complete the HCJDC-073 form (Fingerprint Background Check and Fingerprint Services/Card). This service costs $55. On the other hand, mail requesters must complete parts 1, 2, & 3 of the HCJDC-073 form (Fingerprint Background Check and Card Scan). This form must be mailed alongside a complete set of fingerprint card(s). This service costs $35. The processing time and payment methods for fingerprint-based background checks are similar to name-based checks.

The Federal Bureau of Investigation (FBI) maintains the arrest records generated by law enforcement agencies across the nation. Individuals interested in conducting a federal arrest records search may visit the FBI Identity History Summary Checks (Rap Sheets) page online. However, only the subject involved and legally authorized requesters can obtain an arrest record history from the FBI. Requests may be made online, via mail by completing the application information form, or via an FBI-approved channeler. An Identity History Summary Check (Rap Sheet) costs $18 for each individual. The processing period for online requests is 15 days after the mailed fingerprint card is received or 48 hours after visiting a USPS site to submit an electronic fingerprint. Mail requests take up to 57 days to process.

**Free Arrest Record Search in Hawaii **

Some local police departments provide current arrest information to the general public for free. For instance, the Honolulu Police Department provides arrest logs that are updated daily and contain information such as the name and age of the subject, the date and time of the crime and arrest as well as the specifics of the charge.

How Long Do Arrests Stay on Your Record in Hawaii?

Hawaii arrest records do not have a specific retention period. Individuals may restrict access to their arrest records through expungement. Only arrest records that have been sealed or expunged are exempt from public disclosure.

**How to Seal Arrest Record in Hawaii **

In Hawaii, an expungement removes a person's arrest information from the statewide central repository of adult criminal history record information. The eligibility requirements to be met before seeking the expungement of an arrest record in Hawaii include:

• Any individual arrested or charged with a crime but found not guilty has the right to request that the arrest be expunged from the criminal history record (HRS §831-3.2.);
• Individuals convicted for the following offenses are eligible for expungement;
• Sentencing for first-time property offender (§706-622.9);
• First-time drug offender before 2004 (§706-622.8);
• Sentencing for first-time drug offenders (§706-622.5);
• Individuals below 21 years of age arrested for DUI (§291E-0064(e).

Eligible individuals can request to have their records expunged or removed by completing an Expungement Application Form. A first-time expungement costs $35, while a non-first-time expungement costs $50. This fee includes a non-refundable processing fee of $10. Payments must be made by cashier's check or money order. Business and personal checks are not accepted forms of payment.

The processing time for an arrest record expungement in Hawaii is 120 days. The application form can be submitted in person or by mail. In-person requesters must submit their forms and fees in a sealed envelope and deposit them into the Drop Box at the front counter in Room 102. Mail requesters should send the form and fees to:

Hawaii Criminal Justice Data Center

*Attn: Expungement *

465 South King Street,

*Room 102 *

*Honolulu, HI 96813 *