Hawaii Arrest Records Search

What is Considered an Arrest in Hawaii?

While no specific law defines arrest in Hawaii, arrest is taking an individual into custody by someone with legal authority with the intent to charge the arrested person with a crime. An arrest in Hawaii may be made by a law enforcement officer, private citizens, and federal officers. However, before an arrest may be made, probable cause must exist. Probable cause generally refers to having a reasonable ground to believe that the offender violated a specific law. A finding of the existence of probable cause may be based in part or whole upon hearsay evidence or evidence that may ultimately be ruled inadmissible at the trial.

Arrests in Hawaii may be made with a warrant or without one. Section 803-1 of the Hawaii Revised Statutes provides for warrant arrest, while Section 803-5 of the statutes allows for warrantless arrests. If an arrest requires a warrant, it must not be made without first obtaining a warrant or other process required from a magistrate. The magistrate will determine if there is probable cause before signing the warrant for execution. A law enforcement officer may arrest without a warrant when the arresting officer has probable cause to believe that such an individual has committed an offense, whether in the presence of the officer or otherwise.

Common offenses for which arrests are made in Hawaii typically include:

• Sexual offenses
• Weapons violations
• Disorderly conduct and public intoxication
• Traffic violations
• Fraud and financial crimes
• Prostitution
• Theft and property crimes
• Assault and domestic violence
• DUI
• Drug-related offenses

Specific legal and procedural elements define an arrest in Hawaii as in other states. These elements are established to ensure that arrests are lawful and do not violate arrestees' constitutional rights. They generally include:

• Probable Cause: For an arrest to be lawful, probable cause must exist. This means that law enforcement must have a reasonable belief, based on facts and evidence, that the individual has committed, is committing, or is about to commit a crime.
• Authority of Law Enforcement: Although the state permits private citizens to make arrests, the permitted circumstances are generally limited. Arrests in the state are typically made by law enforcement, and the authority to make arrests in the state is provided in Chapter 803 of the Hawaii Revised Statutes.

Also, according to Section 803-6 of the Hawaii Revised Statutes, at or before the time of executing an arrest, the law enforcement officer must declare their position of authority and show an arrest warrant if one has been issued for the arrest. However, if the arrest is made without a warrant as permitted by law, the person making the arrest must provide the arrestee with the cause undertaken for the arrest and require the party arrested to submit and be taken to the police station or judge.

• Miranda Rights: When arresting an individual, officers must read them their Miranda rights before any questioning occurs. These rights include the right to remain silent and the right to an attorney.
• Custody and Control: When making an arrest, a Hawaii law enforcement officer typically takes physical custody of an individual based on suspicion of their involvement in a crime. This action generally puts the person under the officer's control, limiting their freedom and preventing them from leaving until the matter is resolved.
• Restraint and Transport: An arrest also involves restraining the arrestee to prevent harm to themselves, the arresting officer, and the public. This restraint often occurs in the form of handcuffing to limit the movement and freedom of the arrestee. Per Section 803-7 of the Hawaii Revised Statutes, if an arrestee refuses to submit or attempts to escape, the arresting officer may use a degree of force necessary to compel the arrestee to submit. After securing the arrestee, the suspect will be transported to a police facility or detention center for booking.
• Booking Process: At the detention facility or police station, a booking officer generally records the suspect's details, such as name, address, and birthdate. The officer then takes fingerprints and mugshots. The officer also secures the suspect's belongings until the suspect is released or posts bail.

Note that being detained in Hawaii is not the same as being arrested. Detention refers to being temporarily held for questioning or investigation without being formally charged with a crime. It is generally brief and does not involve being taken into custody. Detention typically occurs when law enforcement officers have reasonable suspicion of criminal activity but insufficient proof to charge you. Arrest, on the other hand, is a formal act where law enforcement takes you into custody based on probable cause that you have committed a crime. An arrest involves restricting your freedom and may lead to criminal charges, requiring you to go through the legal process, including booking and court proceedings.

What is Unlawful Arrest in Hawaii?

An unlawful arrest in Hawaii generally occurs when someone is taken into custody without proper legal justification. This typically happens when one or more of the following elements are present:

• Lack of Probable Cause: The arresting officer must have reasonable grounds or sufficient evidence to believe the individual committed a crime. Without probable cause, the arrest is unlawful.
• Failure to Obtain a Warrant for an Arrest that Requires a Warrant: If a warrant is required for an arrest, but one is not obtained or is defective, the arrest may be deemed unlawful.
• Racial Profiling and Discrimination: Racial profiling occurs when law enforcement officers target individuals for arrest based on their race, rather than specific evidence of criminal activity. In Hawaii, arrests made primarily because of a person's racial background are unconstitutional, violating the right to equal protection under the law.
• Procedural Violations: Procedural violations may occur when law enforcement fails to follow proper legal protocols during an arrest. For instance, they may fail to provide the suspect with their Miranda rights or use excessive force in the arrest process. Such violations infringe on the individual's constitutional rights and may render the arrest unlawful.
• Mistaken Identity: Arrests made due to mistaken identity occur when law enforcement confuses one individual with another. Mistaken identity may result from inaccurate witness statements, misidentification in a lineup, or errors in record-keeping. Arresting the wrong person due to such a mistake makes the arrest unlawful.
• Jurisdictional Violations: Law enforcement officers making arrests outside their legal jurisdiction without appropriate authority or agreements may render the arrest illegal.

Common consequences of an unlawful arrest in Hawaii typically include:

• Dismissal of Charges: If an arrest in Hawaii is deemed unlawful, any criminal charges brought against the arrestee may be dismissed in court depending on the specific circumstances in the case.
• Civil Rights Lawsuits: An individual unlawfully arrested may file a civil lawsuit against the arresting officer or the police department. Claims filed may include violations of civil rights or excessive use of force. Successful claims may lead to monetary compensation for the individual wrongfully arrested.
• Suppression of Evidence: The court may suppress evidence obtained because of an unlawful arrest, such as confessions or physical evidence. The suppressed evidence may weaken the prosecution's case, leading to the charges being dropped.

Are Arrest Records Public in Hawaii?

Arrest records are public information in Hawaii. The state's Uniform Information Practices Act (UIPA) makes most government records at all levels in the state accessible to the public for transparency. Typically, you may access the following typical information when the custodian of an arrest record grants your access request:

• The name and the date of birth of the arrestee
• A physical description of the arrestee, including height, weight, tattoos, eye color, and hair color
• The ethnicity of the arrestee
• Mugshots of the arrestee
• The arresting agency
• The date and location of the arrest
• The charges brought against the arrestee
• The bail amount set

However, certain records may not be accessible to the public. These may include:

• Sealed or expunged arrest records
• Juvenile arrest records
• Arrest records that resulted in non-convictions or are still pending
• Personal information contained in arrest records, such as medical records, Social Security number, and telephone number

What are the Types of Arrest Records in Hawaii?

Hawaii arrest records may be categorized as local-level or state-level arrest records. This is because arrest records are maintained at these levels in the island state.

County police departments keep records of arrests made in their jurisdiction. These records are created when local law enforcement officers arrest an individual within a particular county. The information contained in county-level arrest records typically includes the arrestee's name, the arrest date, time and location, charges or offenses, and booking information.

State-level arrests, often called criminal history records, are generally maintained by the Hawaii Criminal Justice Data Center. They comprehensively view an individual's criminal history, compiling data from all county and local law enforcement agencies. The information in a criminal history record typically includes arrest information from all counties in Hawaii, charges and court outcomes, convictions and dispositions, and sentencing, parole, and probation details.

Where are Arrest Records Kept in Hawaii?

The following agencies typically keep arrest records in Hawaii:

• Local Police Departments: Local police departments across Hawaii's counties are responsible for maintaining arrest records for individuals detained within their jurisdiction. These records typically include basic arrest information, charges, and booking data. Local police departments also work with state agencies to submit records for inclusion in the state's criminal history database.
• Hawaii Department of Public Safety: The Hawaii Department of Public Safety (DPS) maintains records of arrests made by the state sheriff's deputies. These records include information on individuals arrested by state law enforcement, such as those related to state-level offenses or arrests made under statewide jurisdiction.

The Hawaii Criminal Justice Data Center (HCJDC) maintains state criminal history records, which compiles statewide arrest data from local law enforcement and courts. This data typically includes comprehensive criminal records such as charges, convictions, and court dispositions.

• Hawaii Courts: The Hawaii State Judiciary provides access to the public to search court record information. Arrest records are often part of criminal case records maintained by the courts in the state.
• Federal Agencies: Federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI), maintain records on arrests that involve federal crimes or cross state lines. The FBI also compiles arrest information from both state and local agencies for national criminal databases.
• Correctional Facilities: State—and federal-owned correctional facilities in Hawaii maintain arrest records of individuals arrested and incarcerated within them. The Hawaii Department of Corrections and Rehabilitation maintains the arrest records for inmates in state correctional centers, such as the Waiawa Correctional Facility, while the Federal Bureau of Prisons keeps records of inmates in the Honolulu Federal Detention Center.

How To Find Public Arrest Records in Hawaii?

You may find Hawaii arrest records by:

• Requesting Arrest Records at the Local Level: Arrest records are maintained locally by the police departments in the area where the arrest occurred. If you are looking for records in a specific jurisdiction, you may visit or contact the local police department to make a formal request. Some departments may have an online system for searching arrest records, while others may require in-person or written requests.
• Submitting a Request to the Hawaii Criminal Justice Data Center (HCJDC): The HCJDC generally provides access to arrest records that have resulted in convictions but not those that resulted in non-convictions or are still pending.

To access arrest records that resulted in a finding of not guilty, visit the approved Public Access sites in the state or the eCrim (Adult Criminal Conviction Information) website. If you are visiting a Public Access Site, the Hawaii Judiciary recommends that you call the office ahead of their office hours. Note that each printout at these sites costs $25. The Public Access Sites are located at:

If using the eCrim service, note that each unique search will be charged $5, while an official eCrim report costs $10. Note that the eCrim service allows you to view a record based on the search criteria provided. The search criteria may include name, date of birth, and gender.

• Accessing Hawaii Court Records: eCourt Kokua, the Hawaii online court records portal, provides public access to case information for matters heard in the state courts. The tool is provided by the Hawaii State judiciary and primarily offers access to case filings, hearing dates, and case outcomes. However, arrest information may be available if it is part of a criminal case processed through the Hawaii court system.

To use the tool, visit the eCourt Kokua website and select a case search type from the homepage. Enter the search information and view case details from the search result.

Alternatively, you may visit the courthouses in Hawaii to request or copy court records from the court clerk's office.

• Using Third-Party Websites: Several third-party online services, such as RecordsFinder, generally provide access to public arrest records in Hawaii. These websites aggregate data from various sources, including local law enforcement and state databases. They typically provide basic arrest details, charges, booking information, and, in some cases, mugshots.

How Long Do Arrests Stay on the Record in Hawaii?

Your arrest records will stay on your Hawaii criminal history record forever unless they are ordered by the court to be expunged. Unlike some states with automatic expungement provisions, Hawaii has no such laws. Individuals who have arrest records and are eligible for expungement in the state must submit expungement petition requests to remove such arrest information from their records.

How To Seal or Expunge an Arrest Record in Hawaii?

Expungement in Hawaii generally removes arrest information or records from the statewide central repository of adult criminal history information. If you are granted the expungement of a record of arrest that resulted in a non-conviction, the record will be expunged from the arresting agency. However, if the arrest expungement is granted for conviction information, the arrest record might still be accessible at the arresting agency. Note that a Hawaii expungement does not seal or remove the record from the case files maintained by the state judiciary. A separate process is required to seal the records of the Hawaii judiciary system. The Department of the Attorney General handles the expungement of arrest records in Hawaii via the Hawaii Criminal Justice Data Center.

Section 831-3.2 of the Hawaii Revised Statutes (HRS) provides for expunging non-conviction arrest records. Hence, if you were arrested or charged with a crime but not convicted, you may apply for the expungement of the arrest record from your criminal history record. In Hawaii, an expungement typically will not be permitted:

• For five years after arrest or citation in cases of petty misdemeanors or violations where convictions have not been obtained due to bail forfeiture
• In the case of an arrest for a felony or misdemeanor where the conviction was not obtained due to bail forfeiture
• In the case where an individual who was involuntarily hospitalized, acquitted, or had charges dismissed due to a mental or physical disease, defect, or disorder
• In the case of an arrest of an individual where conviction has not been obtained due to the person rendering prosecution impossible by absenting themself from the jurisdiction
• For one year upon discharge of the defendant and dismissal of the charge in the case of a deferred acceptance of guilty plea or nolo contendere plea
• Under Section 712-1200 of the Hawaii Revised Statutes, for a period of four years upon discharge of the defendant and dismissal of a Section 712-1200 charge against the suspect in the case of a deferred acceptance of guilty plea or nolo contendere plea

To obtain an expungement in Hawaii, submit a completed Expungement Application and the applicable fee to:

Note that the fee for a first-time expungement is $35. Non-first-time expungements are $50. The fee includes a non-refundable $10 processing fee. Should your application be denied, the application fee minus the non-refundable $10 will be refunded. Payment for the applicable fee may be made with a cashier's check or money order made out to the 'state of Hawaii." It may take up to 120 days for the expungement process to complete. Afterward, the certificate of expungement will be mailed to the address provided on the application. The Hawaii Criminal Justice Data Center does not offer expedited services for expungement.

Once your arrest records are expunged, they are placed in a confidential file and not open to the public except in instances where a court or an agency is preparing a presentence investigation for the court and when a state or federal government agency is considering you for a position affecting state or national security. The records may also be accessible by law enforcement when acting within the purview of their authorized duties.

To remove your arrest records from Hawaii court records, you must submit a record-sealing request to the court where your case for expungement was filed. First, you need to get a copy of your Certificate of Expungement from the Department of the Attorney General and gather data about your case. If you're lacking a duplicate of your Hawaii court records, look up your case on the eCourt Kokua portal. You will need information on your case number and the court where your expunged case was filed.

Next, prepare your record-sealing request letter. Ensure that you include your complete name, working phone number, and recent mailing address in the letter. The Hawaii State Law Library System provides a sample request letter on its website. Afterward, mail or deliver in person the request letter and a duplicate of the expungement certificate to the court in which your case was filed Be sure to address the letter to "Legal Documents":

If the judge approves your record-sealing request, you will get an order that seals the expunged record by email. You may confirm that your records have been sealed and are not available for public use by checking on the eCourt Kokua portal

Note that while the Hawaii judiciary recommends hiring an attorney to help you navigate the court record sealing process for arrest records, Section 831-3.2 of the Hawaii Revised Statutes allows individuals to complete the process without legal assistance. If a lawyer represented you in the criminal case, the attorney may help you seal your court records. If a Public Defender represented you, you may contact the Office of the Public Defender:

• Kona: (808) 322-1945
• Hilo: (808) 974-4571
• Kaua'i/Ni'hau: (808) 241-7128
• Maui/Moloka'i: (808) 553-1100
• O'ahu:
  • Felony Court: (808) 586-2200
  • Family Criminal: (808) 586-2300
  • District Court: (808) 586-2100

Alternatively, you may visit the Office of the Public Defender website for more information.

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