Table of Contents
Hawaii Court Records & Case Lookup
In 2023, over 74,000 new cases were filed with the Hawaii judiciary system. These include about 25,000 civil matters, 19,000 family matters, and 28,000 criminal cases. In addition, an estimated 724 new cases were heard in the Hawaii Courts of Appeals between 2022 and 2023.
Hawaii court records are open to the public and available for viewing as stipulated in the state's Uniform Information Practices Act. While most court records are publicly accessible, access to confidential or sealed records typically requires prior approval by the court.
Approval is generally required when a record is restricted by a court order. However, such approval may not be granted if the records sought pertain to the prosecution or defense of any judicial action to which the state is a party.
As part of its commitment to transparency, the state's judiciary system provides citizens with several options to view Hawaii court records. Anyone who wishes to view Hawaii court records can go online, visit a courthouse, or submit a written record request with the court that handled the case.
State of Hawaii Court System
Hawaii operates an integrated court system, which means that court rules, procedures, and forms are consistent throughout all jurisdictions.
Hawaii's court system has appellate courts, including the Supreme Court and the Intermediate Courts of Appeals. The Supreme Court, which is also the apex court, reviews appeals related to requests for writs of certiorari from the Intermediate Courts of Appeals and applications for transfer from these courts. The Supreme Court is composed of a chief judge and four associate justices.
The Intermediate Courts of Appeals review most appeals from trial courts and some state agencies. This court also handles cases submitted without a previous lawsuit if there is a legal question that could lead to a civil action in Circuit Court or Tax Appeal Court. The Intermediate Courts of Appeals has seven judges who sit on panels of three.
Most cases begin and end at the trial courts in Hawaii. However, some decisions from the trial courts may be appealed to the state's Intermediate Courts of Appeals for review. In some cases, these appeals may even reach the Supreme Court.
Trial Courts
Hawaii operates a two-tiered trial court structure: one general jurisdiction court and two limited jurisdiction courts.
These courts operate in four judicial districts represented by the four major islands in the state. Hawaii trial courts include:
Circuit Courts in Hawaii
The Hawaii Circuit Courts enjoy a general jurisdiction over both criminal and civil cases in the state. All jury trials in Hawaii take place in Circuit Courts, which also have original jurisdiction in guardianship, probate, and any criminal felony cases. In addition, these courts handle civil matters in which the contested value exceeds 40,000.
These courts also share concurrent jurisdiction with District Courts in non-jury cases in which the contested amount is between 5,000 and 40,000. Additionally, Hawaii Circuit Courts adjudicate mechanic liens and misdemeanor violations that have been transferred from the District Court for jury trials.
Hawaii Family Courts
Hawaii Family Courts are courts of limited jurisdiction that handle traditional domestic relations matters such as divorce, non-support, paternity, and uniform child custody cases.
They also have original jurisdiction over matters involving children, such as delinquency, waiver, status offenses, abuse and neglect, adoption, and neglect. In 2023, over 19,000 new cases were filed with the Hawaii Family Courts.
Hawaii District Courts
Hawaii District Courts are courts of limited jurisdiction. They have original jurisdiction over all traffic infractions, summary possessions, and landlord/tenant disputes.
These courts also handle civil cases in which the contested amount does not exceed $40,000, and criminal cases punishable by a fine or one year imprisonment.
Additionally, Hawaii District Courts handle small claims cases where the disputed amount does not exceed $5,000, cases arising from violation of local ordinances, and petitions seeking temporary orders of restraint and any injunctions fighting harassment that involve parties unrelated to one another.
What are the Specialty Courts in Hawaii?
The Hawaii judicial system offers special court services to citizens through its specialty courts. These courts typically operate under Circuit or District Courts and were established to address specific needs, ranging from mental health, and drinking while driving (DWI), to environmental protection. Hawaii specialty courts typically include:
- Mental Health Courts
- Veterans Treatment Courts
- Land Courts
- Tax Appeals Court
- Environmental Courts
- DWI Courts
Hawaii State Court Records VS Federal Court Records
Hawaii Court records are case files that contain information about a particular case, from the initial petition to judgments and final orders. The clerk of the court that handled the case maintains these records.
The difference between Hawaii court records and federal court records is the source. Various courts within the state's judicial system typically create Hawaii court records. In contrast, Hawaii federal court records are created by the United States District Court for the District of Hawaii, which is the only federal court in the state.
Hawaii court records include case information from civil and criminal cases, domestic relations matters (adoption, divorce, and child custody), probate issues (wills and estates), and traffic infractions summaries. On the other hand, federal court records include documents and information about cases related to bankruptcy, disputes between two or more states, lawsuits involving federal laws, and cases that address the constitutionality of United States laws.
It is the responsibility of each court in Hawaii to maintain its records. This function is generally performed by the clerk of the court. Hawaii court records can be accessed in person at the courthouse where a case was handled or by submitting a court records request to the court. In addition, citizens can view Hawaii's online court records using the statewide eCourt portal. On the other hand, federal court records in the state can be viewed on the Public Access to Court Records database. This database can be used to view all available federal court records in the country.
What Are Public and Non-Public Court Records in Hawaii?
In Hawaii, most state court records are considered open, meaning that anyone can view or make a copy of access to these records. However, certain court records are sealed, redacted, or restricted to specific individuals (usually the parties involved in the case) for privacy and confidentiality reasons:
| Public Court Records | Non-Public Court Records/Redacted Information |
|---|---|
| Criminal case files (including arrest records, trial dates, court judgment, hearing proceedings, and conviction records) | Juvenile criminal case records, adult probation records, grand jury proceedings, substance abuse treatment records, and records of pending cases. |
| Civil case files (including complaints, summons, injunctions, names of attorneys, court transcripts, and final judgment) | Social Security number, financial records, name of jurors, mental health evaluation report, and identities of minors. |
| Family case files (information about the plaintiff and defendant, details of court proceedings, and final judgment) | Adoption and guardianship records, records of files issued by child protective services, mental health evaluation records, and records involving a domestic violence victim, |
| Traffic case records | Driver's license number |
| Probate case records | Mental health-related information |
How To Seal or Expunge Hawaii Court Records
Under the Hawaii Revised Statutes, §831-3.2(f), citizens can request a court to seal their record after expungement. In Hawaii, sealing a court record means the public can not view or copy it. On the other hand, expunging a record means deleting an arrest record from the Hawaii Criminal Justice Data Center.
Expungement does not automatically erase or seal an individual's court records. Even after expungement, the public can view an individual's arrest details on their court records. Therefore, anyone who wishes to remove or seal court records in Hawaii must write a letter to the court that handled their case to seal the records.
Before requesting a court record to be sealed, interested persons are advised to obtain an original copy of the said court records. This is important since once the record is sealed, they can not view the record again without submitting a special request.
While most people can submit a request to seal their court records, any individual who has been convicted of the following offenses does not qualify for a nondisclosure order:
- Capital murder
- Aggravated kidnapping
- Stalking
- Any offense that requires registration as a sex offender under the law
- Any offense involving family violence
How To Seal Court Records in Hawaii
The sealing process in Hawaii is straightforward. Interested persons must first write a letter containing their full name, current mailing address, phone number, and details about the case.
After that, interested persons must mail the completed letter alongside their expungement certificate to the appropriate court. For example, individuals may send a letter to seal records and expungement certificates to First Circut- O'ahu, District Court - Legal Documents, 1111 Alakea Street, Honolulu, HI 96813.
Once the court judge receives and reviews the letter and necessary documents, a mail will be sent to the individual granting or rejecting their request. If the request is granted, the individual can check the court record online on the statewide eCourt portal to see if it has been removed.
Note that Hawaii courts do not charge a fee to seal expunged records.
How To Expunge Court Records in Hawaii
§831-3.2 of Hawaii Revised Statutes permits citizens to expunge non-conviction arrest information from the arresting agency and the statewide repository of adult criminal history record information. However, upon formal request, a court in the state may grant an order for the expungement of conviction for certain offenses and circumstances listed below:
- §706-622.5 - Sentencing for first-time drug offender;
- §291E-0064(e) - Sentencing for operating a vehicle after consuming a significant amount of alcohol;
- §706-622.8- First-time drug offender before 2004; and
- §706-622.9- Sentencing for first-time property offender.
Citizens of Hawaii can find out if their conviction qualifies for expungement by contacting a licensed Hawaiian attorney to review the statutes above. To expunge arrest records, interested persons or their attorneys may download, complete, and mail an expungement application form to the Hawaii Department of the Attorney General. If the expungement involves conviction records, the interested person must mail a court order granting the expungement of conviction alongside the expungement application form.
How Do You Access State of Hawaii Court Records?
Per the Hawaii Uniform Information Practices Act, most court records are open for viewing and purchase. However, records such as juvenile records, mental health and substance abuse treatment records, and trade secrets are considered exempt from public disclosure for privacy reasons.
Most non-confidential Hawaii court records may be accessed online through the eCourt portal. However, in certain cases, citizens may be required to visit the courthouse where the case was handled. Generally, each court in Hawaii maintains files, materials, and documents for every case they handle. The public can view these records in person or by mail.
Online Access to Hawaii Court Records
The Hawaii judicial system maintains a statewide online court records repository that allows individuals to search Hawaii court records remotely. This database allows Hawaii court records searches by name. However, using the name search option does not guarantee proper identification. Interested persons are advised to verify the information online against any other information they know about the party in the case.
The public can view case records of Circuit Courts, District Courts, Family Courts, Traffic Courts, Land Courts and Tax Appeal Courts, Intermediate Courts of Appeals, and the Supreme Court on the database.
In-Person Access to State of Hawaii Court Records
Most Hawaii court records can be accessed by visiting the courthouse where the complaint/petition was filed. Interested persons are advised to find out the case number and the title or description of the document they want to view or purchase before the visit.
It is important to note that requests are processed on a first-come, first-served basis. Requests involving multiple files or documents take longer to process. The public can view the contact information of all court locations in the state on the Hawaii judiciary website.
Mail Access to State of Hawaii Court Records
Citizens who do not wish to visit the courthouse may complete and mail a written request to access/purchase a court records form to the appropriate court. If a court in Oahu handled the case, the appropriate forms will be the application form for records of Circuit and Family Court Cases and District Court cases.
If the case was handled by a court in Maui County, Kauai County, or Hawaii County, the appropriate form is the Neighboring Island Request form.
Note that making a State of Hawaii public court records request by mail attracts service fees. An invoice outlining the applicable fees and costs associated with the request will be emailed to the requester.
How To Request Judicial Administrative Records
In Hawaii, the Supreme Court determines the maintenance and disclosure of judicial administrative records. It specifies whether such records shall be retained by the judiciary, and transferred to public archives, the University of Hawaii, or another agency.
Administrative records retained by the judiciary may be obtained by contacting the information/public affairs department of the Hawaii Administrative Offices of the Courts at (808) 539-4909. Certain administrative records are also available for viewing on the Hawaii Judiciary website.
How To Access Older and Archived Court Records in Hawaii
Court records of civil, criminal, marriage, divorce, equity, law, probate, and wills from 1939 to 1970 are considered old or historical judicial court records. Most of these records are kept in paper format at the Hawaii State Archives.
To access older and archived records in Hawaii, citizens must submit a record request form to the Hawaii State Archive. The request form typically includes a call number to enable staff to locate the information needed.