Hawaii Arrest Records

Are Arrest Records Public in Hawaii?

Yes, arrest records are public in Hawaii and can be accessed by almost anyone. The Hawaii statute that provides for the distribution or restriction of arrest records is the Uniform Information Practices Act (UIPA). This law governs how government agencies must handle public information requests. Under the UIPA, all government agencies must make their records available to the public unless the records are exempt from disclosure. There are some restrictions on who can access certain types of information. For example, only law enforcement agencies can access sealed or expunged records.

What is Considered an Arrest Record in Hawaii?

Arrest records in Hawaii contain the details of an individual's arrest within state limits. Arrest records are typically created by law enforcement agencies when a person is arrested in Hawaii. They include information such as the person's name, the date and location of the arrest, and the charges against the individual. However, arrest records are not proof that a person has been convicted of a crime, and they may not be used as a substitute for Hawaii criminal records since not all arrests lead to a conviction or prosecution.

Generally, the following arrest records or information are not accessible to the public:

• Juvenile arrest records
• Sealed or expunged arrest records
• Arrest records that have resulted in non-convictions or are still pending
• Arrest records must be confidential to avoid the frustration of a legitimate government function
• Arrest information like social security number, telephone numbers, and home address

The Hawaii Criminal Justice Data Center maintains Hawaii's arrest records. The Data Center is a division of the Hawaii State Judiciary and is responsible for collecting, storing, and disseminating criminal justice information for the state of Hawaii.

What Does a Hawaii Arrest Record Contain?

Hawaii arrest records may contain the following information:

• The individual's name and date of birth
• A physical description, including height, weight, and eye color
• The individual's address and telephone number
• Mugshots
• The date of the arrest
• The arresting agency
• The charges brought against the individual
• The bail amount set
• The court where the case will be tried
• Any previous arrests or convictions on the individual's record

Who Can Access Arrest Records in Hawaii?

The UIPA exempts certain types of information from disclosure, including information that would violate an individual's right to privacy, confidential investigatory details, and classified information. However, even if a record is exempt from disclosure under the UIPA, a government agency may still choose to release the data if it determines that doing so would be in the public's best interest.

Hawaii Arrest Statistics

The Hawaii Crime Prevention and Justice Assistance Division (CPJA)’s Research & Statistics Branch provides a NIBRS Dashboard where residents can find arrest statistics. The number of arrests in the State of Hawaii was 11,285 in 2021. About 8,212 of those arrested were males, and 2,580 were females. Arrests for crimes against persons were 5311, property crimes were 3,463, and society crimes were 2,851.

How Do I Lookup Someone's Arrest Records in Hawaii?

Interested members of the public may find someone's arrest records in Hawaii through the Hawaii Criminal Justice Data Center or through the arresting agency or the clerk of courts in the jurisdiction the arrest occurred.

The Hawaii Criminal Justice Data Center:

This center manages and disseminates criminal history information and arrest records and provides public access to this information through its website. The site offers two options for searching criminal records: the name-based search and the fingerprint-based search.

For a name-based search, interested individuals may fill out the necessary form on the site and submit it with the required fee. The search results will be mailed to the requestor within 14 business days.

Individuals must visit a participating Livescan provider for a fingerprint-based search to have their fingerprints scanned. A list of Live Scan providers is available on the HCJDC website. Once fingerprints are submitted, the search results will be mailed to the requestor within 14 business days.

The Hawaii Judiciary website:

The Hawaii judiciary website also offers a public access portal where individuals may search for court records. The site provides two options for searching – by case number or by name.

For searches by case number, interested individuals may enter the case number in the provided search field and hit "enter" or click on the "search" button. The results of the search will be displayed on the screen.

For searches by name, individuals must enter the last name, first name, and middle initial (if available) of the person in the provided fields. The results of the search will be displayed on the screen.

The requirements for querying the local police department or county clerks are typically unique to each judicial district. Requestors may obtain further information from the website of the arresting agency or police department concerned or visit the courthouse in the jurisdiction of the arrest.

How to Subpoena Arrest Records in Hawaii

A subpoenaed arrest record is a legal document that an individual or organization obtains by the court's authority that contains information about someone's arrest history. This type of record can be helpful for various reasons, such as background checks or investigating someone's criminal history. An arrest record may need to be subpoenaed if it is not available through a public records request.

To subpoena a Hawaii arrest record, interested and eligible persons must submit a completed subpoena form to the Hawaii Judiciary. The form can be obtained from the Hawaii Judiciary website. Once the form is completed, it must be served on the custodian of records for the agency that maintains the arrest record. For example, if someone is requesting an arrest record from the Honolulu Police Department, the subpoena must be served on the Honolulu Police Department Records Custodian.

The person or organization requesting the arrest record will be responsible for any fees associated with obtaining the document. Fees may vary depending on the agency that maintains the record and the type of records requested.

If the subpoenaed record is not made available, the person or organization requesting the document may file a motion to compel the production of the records. This motion must be filed with the court that issued the subpoena.

How to Search for an Inmate in the Hawaii Prison System

Persons who are looking for an inmate in the Hawaii Prison System can use the online inmate search feature available on the Hawaii Department of Public Safety website. The search feature allows users to search by inmate name, gender, race, and age. They can also narrow their search by facility type and custody level. The search results will provide the inmate's name, booking number, and photo (if available). Alternatively, searches may be conducted by calling the Inmate Visitation and Information hotline at (808) 587-1361.

Requestors may opt to search for inmates using third-party websites, which typically maintain their databases of inmates in correctional facilities. These websites may charge a fee for their service.

When searching for an inmate, it is crucial to keep in mind that the Hawaii Prison System is composed of four separate facilities: the Halawa Correctional Facility, the Kauai Community Correctional Center, and the Maui Community Correctional Center, and the Oahu Community Correctional Center. Each facility houses inmates of different security levels. The custody level will typically be based on an inmate's current charges, criminal history, and escape risk.

How Do I Find Out if Someone Was in Jail in Hawaii

Persons looking for information on someone who may have been in jail in Hawaii can contact the Hawaii State Department of Public Safety. The Department of Public Safety oversees the state's criminal justice system, and they can provide requesters with this information.

The requestor can visit the Department of Public Safety's website and use their online search tool to get started. Those without access to the internet can also contact the department by phone. The Department of Public Safety's Records and Identification Division is responsible for maintaining criminal history records, and they will be able to provide this information to requesters. There may be a fee for this service.

Another option for finding out if someone was in jail in Hawaii is to contact the county sheriff's office where the person was arrested. Each county in Hawaii has its own sheriff's office, and these offices are responsible for managing the county jails. Requesters can find contact information for each county sheriff's office on the state's website. Again, there may be a fee for this service.

How to Find Recent Arrests in Hawaii

A requester can find recent arrest information at County Police Departments. For example, the Honolulu County Police Department allows access to daily arrest records by providing Arrest Logs on their websites. The arrest log is provided on a daily basis, and it reveals the arrest date and time, arrestee’s age, race, name, report offense number, offense, location of the arrest, name of arrest officer, court information, and release date and time. Also, the Hawaii County Police Department allows access to arrest information via a third-party website. The search criteria are by name or ID number.

Alternatively, requesters can find recent arrest records in person at the police department in the county where the arrest occurred. The arrested person’s name, arrested date, or booking number will be required to facilitate the search. No fees will be required to view arrest records, but copies of such records might come with a cost.

How Long Do Hawaii Arrest Records Stay on File?

In Hawaii, arrest records are public information and remain on file indefinitely. However, there are ways to have them removed from a record. One option is to have the records sealed, which means they will be unavailable to the public but can still be accessed by law enforcement. Another option is to have the records expunged, which means they will be completely destroyed and inaccessible to anyone.

Are Arrest Reports Public in Hawaii?

An arrest report is a document generated by a law enforcement agency that contains details of an arrest. An arrest report is a public record. However, some personal information like names, home addresses, social security numbers, dates of birth, and telephone numbers were redacted from arrest reports to prevent an unwarranted invasion of personal privacy in accordance with the UIPA. Also, arrest reports regarding juveniles are confidential. Individuals can find the information contained in an arrest report in arrest records. An arrest record is a document that a law enforcement agency fills out when they arrest someone. It includes the arrested person’s biographical information, the reason for the arrest, charges, and a list of all prior arrests.

How to Obtain Arrest Records for Free in Hawaii?

To obtain Hawaii arrest records for free, interested members of the public can contact the Hawaii State Judiciary. The judiciary provides access to court records, including criminal records. The requestor can search for court records online or in person at the courthouse.

Alternatively, the requesting party can contact the Hawaii State Archives. The archives provide access to public records, including arrest records. They can search for arrest record information online or in person at the archives.

How to Search for a Hawaii Arrest Record Online Using a Third-Party Search Service

While the Hawaii Criminal Justice Data Center (HCJDC) offers online access to some criminal record information, the process can be cumbersome and time-consuming. A third-party search service can provide instant access to many public records, including arrest records.

When searching for an arrest record using a third-party search service, it is important to consider the provider's reputation. Not all providers are created equal, and some may charge fees for access to their databases. It is also essential to read the terms and conditions of any provider before using their services.

Haven found a reputable provider; the requester can begin their search by entering the individual's name in. The results of the search will provide information on any arrests that have been made in Hawaii, as well as other public records. This information can be used to determine if an individual has a history of criminal activity.

How to Correct an Arrest Record in Hawaii

Record holders who find that there is inaccurate information on their Hawaii arrest record may be able to have the record corrected. Inaccurate information can include errors in the name, date of birth, Social Security number, or other identifying information.

To have an arrest record corrected, the requester will need to contact the court where the arrest occurred and request a copy of the "Record of Court Disposition" form. Once they have this form, they will need to fill it out and submit it to the court. The court will then review the request and make any necessary changes to the record.

How to Expunge Arrest Records in Hawaii

Hawaii arrest records can be expunged in the following steps:

• File a Petition for Expungement with the court: This must be done within three years of the arrest or conviction, whichever is later. Expungement forms can be obtained from the Hawaii State Judiciary website.
• Serve notice to the prosecutor: The prosecutor then has 14 days to object to the petition.
• Attend a hearing: If there is no objection from the prosecutor, a hearing will be scheduled where both sides can present their arguments.
• Order of expungement: If the court grants the expungement, an order will be issued and sent to all relevant agencies to have the records destroyed.

If successful in having their arrest records expunged, it will be as if the arrest never happened. The documents will be destroyed, and the record-holder will not have to disclose the arrest on job applications or other situations where they are asked about their criminal history.