Hawaii Criminal Records
What are Criminal Records?
A criminal record is defined as official information and documents generated and maintained on a person in connection with possible or confirmed violation of the Hawaii Penal Code and other laws in which offenses are described. Criminal records cover information beyond a person’s conviction by a court. It also includes non-conviction records generated by law enforcement agents for arrests, questioning on suspicion, or accusation of involvement in a crime even when there are no charges or prospect of a conviction. Interactions with criminal justice departments often generate information that is reflected in a person’s criminal record regardless of whether the outcome is an acquittal, discharge or a stay of proceedings. Criminal records for convictions are public and accessible at Public Access Sites in Hawaii. Records of non-convictions are only accessible to authorized agencies and individuals.
What type of information is contained in a Criminal Record?
Information that may be retrieved from a criminal record search includes
- Names of the offender
- Physical descriptions
- Body markings
- Age, date of birth
- Offense committed
What are Arrest Records?
An arrest record is a document containing the official information on the when, how, and who was taken into custody by law enforcement agents as part of their responsibility in investigating crimes and apprehending criminals. A person’s arrest record would usually name and describe the person, provide the date of arrest, reasons for arrest, fingerprint, subsequent actions following the arrest such as detention and court procedure.
A person may be arrested on complaint or suspicion of a crime, as part of an investigation or in the process of committing a crime. Although arrests do not always lead to criminal charges and prosecution, arrest records still form part of the information that may be of interest to persons looking into a person’s criminal history. Arrest records, older than 1 year, with no subsequent charges laid against the arrestee, are not publicly disseminated but are still accessible to authorized persons such as government agencies (when considering employment and licensing suitability), criminal justice agencies and the person named on the record.
What are Arrest Warrants?
An arrest warrant is a document containing the legal authority conferred on law enforcement officers by the court to apprehend or arrest a person who is suspected, or reasonably believed to have committed a crime or is involved in criminal activity. An arrest warrant in Hawaii may contain:
- Name of the person to be arrested
- Aliases or other descriptions by which the person is known
- The offense for which the person is being arrested
- Order of arrest issued by the court
- Court summons ordering the arrested person’s immediate appearance.
What are Misdemeanors?
A misdemeanor under Hawaii law could be a full or a petty misdemeanor. Misdemeanors are defined in comparison to felonies as offenses with lesser ramifications. A petty misdemeanor is the least consequential offense under Hawaii law and is punishable by a maximum of 30 days in local or county jail and a fine not exceeding $1000. Misdemeanors are punishable with up to 1 year in county jail and an offender may be liable to pay up to $2000 fine. Crimes classified as misdemeanors include
- Drug possession
- Reckless driving
- Disorderly conduct
- Staying in a park at night
- Resisting arrest
- Driving Under the Influence (DUI)
- Terroristic threatening
Persons convicted for a misdemeanor may also face probation time.
What are Felonies
A felony is classified as an offense with a possible penalty of more than 1 year in state or local confinement in Hawaii. There are three categories of felonies with different sentence levels after a conviction based on their severity. Hawaii Penal Code provides for an indeterminate sentencing system for felonies. The court may also impose a fine at its discretion up to the amount permissible under the law for each class of felony.
- Class A felonies carry the highest possible sentence, apart from murder. A person convicted of a class A felony may be sentenced to up to 20 years imprisonment without the possibility of probation or suspension.
- Class B felony offenders, if convicted, may be sentenced to up to 10 years imprisonment and up to $25000 fine. The court may consider previous convictions and the peculiar facts of the offender’s case in determining the stringency of the imposed sentence.
What is a Sex Offender Listing?
Sex Offender listings in Hawaii contain information on persons who have been convicted for a sex-related offense and living in Hawaii. Sex offenders are required under Hawaii laws to submit information to law enforcement agencies, including their name, vehicle information, the sexually motivated crime for which they were convicted, street of residence and employment, fingerprint, photograph and other relevant information that may be of interest to the public and law enforcement. Information on registered sex offender appear online and are accessible to the general public, A person may also sign up to be notified on offenders moving into their street or location.
What is Serious Traffic Violation in Hawaii?
Serious traffic violations are considered traffic crimes with serious consequences including a jail term. Depending on the circumstances, a serious traffic offense could be a petty misdemeanor, misdemeanor of a felony and punishable under the Hawaii Penal code or any other law in which the offense is described. Serious traffic violations include
- Driving under the influence of n intoxicant
- Reckless driving
- Driving without a license
- Fleeing the scene of an accident
- Attempting to escape a police officer
- Driving without vehicle insurance ( repeat offender)
In comparison to serious traffic violations, Civil traffic infractions are minor and often result in the issuance of a monetary assessment for the citation by a law enforcement officer or negative entry on driving record, with no possibility of a criminal conviction or confinement.
A person charged with serious traffic violation must appear on the date contained on the citation issued to them by law enforcement officers or risk being arrested following a bench warrant issued against them.
What is Hawaii Conviction Records?
A conviction record contains information on the findings and order of a trial court with regards to the charges before it against a named individual. A person may be convicted for a crime by a judge, a jury, which finds them guilty of a crime after considering the evidence presented in court. A conviction may also result from a guilty or no contest plea entered by the offender in response to the charges levied against them.
What is Hawaii Jail and Inmate Records?
Jail and inmate records are official documents of information about persons held in the custody of law enforcement agents or correctional facilities and institutions. Inmate records provide information about persons who have been convicted of a crime and sentenced to a term of incarceration. Jail records may contain information about persons who were convicted and sentenced for a misdemeanor offense or persons who were arrested and detained in the custody of a law enforcement agency pending when they post bail or a formal court appearance.
How do I find Inmate Records?
Inmate records in Hawaii are generally not available on the official website of the Hawaii Department of Public Safety but may be obtained by contacting the DOC, facility, County in which the prisoner is being held or viewed through the Statewide Automated Victim Information and Notification website.
What is Hawaii Parole Information?
Parole records are official documents that include information about persons who have been determined eligible for early release or released from incarceration by the Hawaii Parole Authority (HPA). The HPA is a nonjudicial body which determines the minimum term a person must serve in incarceration out of the term to which they were sentenced by the court before they can be released to the community under strict conditions and supervision.
What is Hawaii Probation Records?
Probation records contain information on persons that have been convicted for a crime but have been sentenced to a term of supervision outside of prison or jails. Probation is usually ordered in proportion to the crime and a probationer is required to follow strict rules and conditions imposed by the court which may include
- Mandatory visits by probation officers to their residence
- Making restitution to victims as ordered by the court
- Remain within the jurisdiction of the court unless granted permission
- Maintain the same residence or employment unless granted permission to the contrary
- Pay fine
- Other conditions that may be imposed at the discretion of the court putting the circumstances of the offender into consideration, such as mandatory treatment for substance abuse for persons convicted for illicit use of controlled drugs.
What is Hawaii Juvenile Criminal Records?
Juvenile criminal records contain details of persons below the official adult age of 18, who have appeared before a court to be tried or adjudicated for their involvement in criminal activity. The Hawaii family court has jurisdiction to hear an allegation of crimes committed by children or adolescents who are not yet of legal adult age. However, a young person may be tried as an adult if the family court at its discretion transfers their case to a regular court after an amenability hearing determining the nature and gravity of their offense. Children 16 years and older alleged to have committed a felony offense or children 14 years and older who had been adjudicated delinquent in the past or have allegedly committed a class A felony or caused serious bodily harm.
Juvenile records are generally confidential in Hawaii except for circumstances provided by the law in which the young person 14 and older or 16 and older are tried as adults for crimes which results in the death of a person, caused serious bodily injury, is a class A, B, or C felony.