Hawaii Criminal Records

In Hawaii, criminal records are comprehensive documentation of an individual's involvement with the state's legal system. These records show a person's criminal history within the jurisdiction of Hawaii. Usually, they include details of arrests, charges filed, convictions, sentences, and any related court proceedings. The Hawaii Criminal Justice Data Center (HCJDC) handles these records, ensuring their accuracy and accessibility for diverse purposes, such as background checks, employment screenings, and legal proceedings. Hawaiian criminal records encompass many offenses, from minor misdemeanors to serious felonies. These records play a crucial role in law enforcement, judicial proceedings, and public safety efforts, shaping individuals' perceptions and influencing decisions regarding employment, housing, and community integration.

Are Criminal Records Public in Hawaii?

Yes. Criminal records are generally considered public records in Hawaii. The Hawaii Revised Statutes [§ 846-2.7](https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/hrs0846/hrs_0846-0002_0007.htm#:~:text=%C2%A7846%2D2.7%20Criminal%20history%20record%20checks.%20(&text=Except%20as%20otherwise%20provided%20in,accordance%20with%20section%20378%2D2.5.) outlines the procedures for disseminating criminal history record information. This statute allows certain entities, such as law enforcement agencies, courts, and employers, to access criminal records for background checks and employment screenings.

However, under HRS §92F-13 of The Uniform Information Practices Act (UIPA), certain records likely restricted from public disclosure in Hawaii include medical, personnel, ongoing investigation, and specific law enforcement records. These restrictions safeguard sensitive information, trade secrets, and data on homeland security or critical infrastructure.

Hawaii Crime Records by County

The Crime Prevention and Justice Assistance Division (CPJAD) of the Hawaii Attorney General's Department, designated by the U. S. Bureau of Justice Statistics(BJS), serves as Hawaii's Statistical Analysis Center, collaborating with the Justice Information Research Network. The division oversees Hawaii's Uniform Crime Reporting Program in partnership with the FBI and county police departments. Its reports offer essential data and analysis to the Attorney General, law enforcement agencies, lawmakers, community organizations, scholars, journalists, and the masses. These resources provide an objective framework for addressing Hawaii's crime issues. Division staff also offer technical support and participate in crime-related committees.

The latest report, from 2020, revealed that although the State of Hawaii reported a record-low total Index Crime rate, disparities existed among counties. Honolulu County observed declines across multiple crime categories, including total Index crime, property crime, and larceny-theft. Hawaii County saw reductions in property crimes but increases in total Index and violent crime rates. Maui and Kauai Counties underwent significant decreases in total Index crime and property crime rates, signifying notable improvements in overall safety. The data indicates varying crime trends across Hawaii's counties, necessitating tailored interventions for effective crime prevention and law enforcement strategies.

Hawaii Criminal Record Check

In Hawaii, arrestees get their fingerprints taken when arrested. Because detainees can use aliases during an arrest, comparing fingerprints and other identifying details is essential for confirming whether a person has a criminal record.

To conduct a fingerprint background check, a clear set of fingerprints from the subject of the search will be required.

Fingerprint background checks are done in-office or by mail:

• In-office fingerprinting services are available by appointment only. Interested parties can contact the Criminal History Record Checks Unit (CHRC) at (808) 587-3279 to schedule.
• A HCJDC-073 form is to be downloaded and printed. A service fee of $55 will be paid (Credit, Debit, Apple Pay, Money Order, or Cashier's Check payable to "State of Hawaii". No cash is accepted. Using Credit, Debit, or Apple Pay incurs a non-refundable 3% service fee.).
• Office operating hours are 10:30 am to 3:30 pm.
• Kindly enclose a USPS postage-paid certified envelope to obtain results via certified mail.

To do this by mail:

• Download and print the HCJDC-073 form.
• Applicants should fill Sections 1, 2, & 3, then send the form along with a complete set of fingerprint card(s) to Hawaii Criminal Justice Data Center, Attn: CHRC Unit, 465 S. King Street, Rm 102, Honolulu, HI 96813
• Fee: $35

Processing time: 3-10 business days

Individuals interested in name-based background checks can find all the needed information on the Hawaii's dedicated portal (applies to juvenile record checks, too).

Find Criminal Records Online in Hawaii

Interested parties can utilize eCourt Kokua to explore traffic cases, District Court, Circuit Court, and Family Court criminal and civil cases, along with Land Court, Tax Appeal Court, and appellate case records in Hawaii state online.

A PDF icon next to a docket entry in eCourt Kokua means purchasing and downloading the associated document online is possible. Documents might not be immediately accessible after filing but should be within three business days.

Downloadable documents cost $3.00 each or ten cents per page, whichever is higher. Quarterly or yearly eCourt Kokua subscriptions, offering unlimited downloads, are available for $125.00 or $500.00, respectively.

eCourt Kokua doesn't include certain case information: traffic cases before November 1995, District Court criminal cases before August 2012, and appellate cases before September 2010.

Free Criminal Record Search in Hawaii

Court case information is available for free through the Hawaii State Judiciary's website using eCourt Kokua.

Individuals should, however, be aware that although this service is complimentary, charges may apply when obtaining specific records or documents.

What Does it Mean if You Have a Criminal Record in Hawaii?

A criminal record in Hawaii can limit employment opportunities, housing options, and professional licenses. It can also affect one's reputation and legal rights, potentially leading to social stigma and difficulty obtaining loans or education. Rehabilitation programs may help mitigate these consequences.

Does Your Criminal Record Clear After 7 Years in Hawaii?

No, in Hawaii, criminal records generally don't automatically clear after seven years.

However, under Hawaii Revised Statutes §831-3.2, individuals can apply for expungement of non-conviction arrest information. Courts may, however, retain records.

It's important to note that expungement orders aren't issued in the following scenarios:

• Felony or misdemeanor arrests without conviction due to bail forfeiture, five years post-arrest;
• Petty misdemeanor or violation arrests without conviction due to bail forfeiture, five years post-citation;
• Arrests where prosecution is impossible due to absence from jurisdiction, indefinite duration; Involuntary hospitalization under §706-607, acquittal, or dismissal due to mental/physical issues, indefinite duration;
• Deferred acceptance of guilt under Chapter 853, one year post-discharge and dismissal;
• §712-1200 charges, four years post-discharge, and dismissal of deferred acceptance of guilt under §712-1200.

The court may order the expungement of certain convictions listed below from the statewide adult criminal history record. Records could still be available to arresting agencies and courts. Qualifying offenses include:

§291E-0064(e): DUI under 21

§706-622.5: First-time drug offender sentencing

§706-622.8: Pre-2004 first-time drug offender

§706-622.9: First-time property offender sentencing.

First-time expungement costs $35; subsequent expungements $50, including a $10 non-refundable processing fee. Denied applications receive the fee minus $10. Payments should be made via cashier's check or money order to "The State of Hawaii", as personal checks are not accepted. All qualifying charges will be expunged following a process that takes about 120 days. The certificate is mailed to the application address.

Interested persons should note that no expedited service is available. The application process begins once the application form is filled.

Arrest Record Vs Criminal Record

An arrest record denotes suspected involvement in a crime, not guilt. On the other hand, a criminal record reflects charges, convictions, or court proceedings. Though an arrest record can affect reputation and employment, a criminal record containing convictions or pending charges has graver consequences, affecting employment, housing, and legal rights.

Hawaii Police Records

Hawaiian police records are accessible through the respective county police departments. These records typically include incident reports, arrest records, and other law enforcement documentation. Unlike general criminal records maintained by the state judiciary, police records focus on documenting law enforcement activities, such as investigations and arrests, rather than court proceedings and convictions. They provide detailed information about specific incidents and individuals' interactions with law enforcement, aiding in background checks and legal proceedings.