What defines a Criminal Record in Hawaii?
A criminal record is defined as an official document that records a person’s criminal history. The information is assembled and updated from local, county and state jurisdictions, trial courts, courts of appeals as well as county and state correctional facilities.
While the standard for criminal record collection and storage varies from county to county, a large percentage of Hawaii criminal records are organized in online record depositories that are available to the public in the form of a Criminal Background Report. This report is accessed through a number of courts, police departments, and the official Hawaii State Records Online Database.
The amount of criminal records information presented on StateRecords.org varies from individual to individual. This is because different sources often have non-standardized state level protocols, storage classifications, requirements, organization and digitization processes used in collecting data. Criminal records in the state of Hawaii generally include the following subjects:
Hawaii Arrest Records
An arrest record is an official document providing information about a person being questioned, apprehended, taken into custody, placed in detention, held for investigation and/or charged with, indicted or tried for any felony, misdemeanor or other offense by any law enforcement or military authority. Hawaii's legislation prevents the arrest of any person without first obtaining a warrant or another process from some magistrate, except in the cases provided by law.
Hawaii Arrest Warrants
An arrest warrant is an official document signed and issued by a judge or magistrate on behalf of the local and state jurisdictions, which authorizes a police officer to arrest or detain the person or people named in the warrant or to search and seize the individual’s property. To arrest an offender in Hawaii the police officer must have a probable cause or a reasonable suspicion supported by circumstances to justify the officer's belief of a crime committed.
The laws in the state of Hawaii states that there could not be any other cases in which an officer could ask for an issued arrest warrant.
r is a non-indictable offense and is generally less severe than felonies. However, like felonies, the misdemeanor charge is based on a numbers system designed to describe the severity of the alleged crime. Misdemeanors are the least serious types of the criminal offense in Hawaii, punishable by up to 30 days in jail and a fine of up to $1,000. For example, an assault (injury to another) that occurs during a fight or scuffle that the victim willingly entered into is punishable as a petty misdemeanor.
A felony offense is a criminal conviction with a maximum sentence of more than 1 year. It is served in a county jail or state prison. In some cases, a felony conviction can even be punished by death. In Hawaii, all crimes punishable by one year or more in state prison are felonies. In Hawaii, felonies other than murders are classified as class A, B, or C felonies. Murder is punishable
by life imprisonment (with or without the possibility of parole) and a fine of up to $50,000.
Hawaii Sex Offender Listing
A sex offender listing is a registry of persons convicted of committing a sex crime that is often accessible by the public. In most cases, jurisdictions compile their laws into sections, such as traffic, assault and sexual. Judges are given discretion as to whether they need registration for crimes besides the charges listed under the sex offender registration law
. A judge may order an adult to register as a sex offender if the crime convicted involves sexual motivation.
Hawaii Serious Traffic Violation
A serious traffic violation tends to involve willful disregard for public safety, death, serious bodily injury, damage to property and multiple minor traffic violations. Hawaii traffic ticket fines, court costs, and surcharges vary depending on the severity of the offense. In Hawaii, you are able to dismiss a traffic ticket by completing a Traffic School in Hawaii
. For some violation, the Hawaii traffic court may need you to attend the course to satisfy your traffic ticket.
Hawaii Conviction Records
A conviction record is an official document providing information that a person was found guilty, pleaded guilty or pleaded no contest against criminal charges in a civilian or military court. These criminal charges may be classified as a felony, misdemeanor or other offense. Conviction includes a person judged as a delinquent or a person who has been less than honorably discharged or placed on probation, fined, imprisoned or paroled. A criminal conviction is rendered by either a jury of peers or a judge in a court of law. A conviction does not include a final judgment relieved by a pardon, set aside, reversed or otherwise rendered inoperative.
Hawaii Jail and Inmate Records
Jail and inmate records are official documents of information about a person’s current and sometimes past inmate status. A person who is in jail or considered an inmate is someone who has been deprived of his/her civil liberties while on trial for a crime or while serving after being convicted of a crime. The Hawaii Department of Public Safety
has a Corrections division that maintains an inmate database, which often includes information like the inmate’s name, incarceration date, expected date of release, convicted offense and sometimes photos.
Hawaii Parole Information
Parole records are an official document that includes information about the release of a prisoner who agreed to certain conditions before completion of their maximum sentence. While the prisoner is on supervised parole, the board requires a parolee to pay a monthly supervision fee of not less than $30, unless the board agrees to accept a lower fee after determining inability of the prisoner to pay. The board may also impose any conditions of parole it deems proper to make sure the best interests of the prisoner and the citizens of Hawaii are served.
Hawaii Probation Records
Probation records are official documents that show when a person receives probation as an alternative to prison. Probation allows people convicted of a crime in Hawaii to serve their sentences out of custody, as long as they follow probation conditions imposed by the judge and probation officer. It is typically issued in proportion to the crime, so the length and nature of probation will differ (sometimes drastically) from case to case. Probation typically falls into three categories: minimally supervised, supervised and intensive. Intensive probation is a form of very strict probation that emphasizes punishment and control of the offender within the community.
Hawaii Juvenile Criminal Records
A juvenile criminal record is an official record of information about criminal activity committed by children or adolescents who are not yet of legal adult age. Juveniles are not considered convicted of a crime like an adult but instead, are found “adjudicated delinquent." These criminal records are often thought to be erased or expunged once a person becomes of legal adult age, but in fact, the record remains unless the person petitions to have it expunged. If a person was found adjudicated delinquent to a criminal offense, they do not have to respond “yes” if asked whether they have ever been convicted of a crime, unless the question specifically asks if they were ever adjudicated delinquent as well.
Hawaii History and Accuracy of Criminal Records
The accuracy of criminal records data depends on the recordkeeping and technological capabilities of the jurisdiction where the record was assembled and later digitized. The criminal records archives for Hawaii usually tend to go back as far as the 1970s—which marked the earliest efforts to centralize and compile criminal and arrest data into an organized database much like we use today. Accuracy was more commonly affected by human error in the past. However, in the 1990s, the quality and accuracy of record keeping improved exponentially due to computers. As a result, the information provided on StateRecords.org will vary from person to person.
Hawaii Megan’s Law
Megan's Law is the term for state laws that create and keep up a sex offender registry. This law provides information on registered sex offenders to the public. The first Megan's Law appeared after the rape and murder of 7-year-old New Jersey resident Megan Kanka by a sex offender who lived in the girl's own neighborhood. Soon after passage of this first Megan's Law, the federal government requires that all states set up sex offender registries
and offer the public with information about those registered.
Hawaii mandates the registration of any person convicted at any time of a “sexual offense” or “crime against minors". Offenders who are acquitted due to a physical or mental disease, disorder, or defect are required to register for life.