Hawaii Criminal Court Records

Hawaii criminal court records refer to official written or unwritten accounts of criminal case proceedings in the Hawaii state courts. Criminal records serve numerous purposes within the Hawaii justice system, including safeguarding the due process rights of both defendants and victims, as well as fostering transparency. They also help encourage accountability and public oversight, as records of charges, proceedings, and outcomes are generally available for public scrutiny.

In Hawaii, the State Judiciary, through its court clerks, maintains custody of criminal court records. Access is governed by Hawaii statutes and court rules, which establish procedures for inspecting and copying criminal court records, as well as restrictions on their disclosure.

Are Criminal Court Records Public in Hawaii?

Yes. According to the Hawaii Court Records Rules (HCRR), Rule 10, Hawaii criminal court records are open to public access and review as part of the government's commitment to judicial transparency. Nonetheless, due to the sensitive nature of certain documents, some records are exempt from public disclosure. Below are some records exempted from public disclosure

• Records that invade an individual's privacy or threaten the safety of an individual or group
• Juvenile records
• Sealed or expunged records
• Records of an ongoing criminal investigation
• Adult probation records
• Mental health evaluation records
• Grand jury proceedings

Hawaii criminal court records are not subject to the Uniform Information Practices Act (UIPA), Chapter 92F, Hawaii Revised Statutes (HRS), as nonadministrative functions of the judiciary are excluded from the UIPA.

What Criminal Court Records Contain in Hawaii

The contents of Hawaii criminal court records depend on the type of case and the course of proceedings. Below are some details:

• Hearing sessions discussing probable cause and grounds of arrest
• Juror lists for jury trials
• Charging instruments
• Written notices of the rights of the defendant
• Issued and executed warrants
• Plea agreements
• Court verdicts
• Sentencing information
• Transcripts of court proceedings

Hawaii Criminal Court Records Search

Criminal records held and managed by the Hawaii Circuit and District Courts (the state's criminal courts) are generally available to the public in person, via mail, or remotely.

In-Person Access:

Individuals interested in obtaining a Hawaii criminal court record can visit the presiding courthouse (where the case was heard) during regular business hours and provide specific details to aid the swift retrieval of the requested document(s). These details include the full name of the parties involved in the case or the case number.

Remote Access:

Hawaii operates an online portal that allows interested parties to access criminal records. The Judiciary Electronic Filing and Service System (JEFS) provides access to some documents that may have been classified as confidential or are generally sealed from the public. It is worth noting that only authorized users can access records through JEFS.

The Judiciary Information Management System, or eCourt Kokua, provides public access to Hawaii's criminal court records without requiring registration or authorization. This platform enables individuals to search for criminal case records by party name or case ID. Additionally, eCourt Kokua enables users to view previously purchased documents via a provided link. While confidential or sealed records are not accessible, researchers have the option to subscribe for viewing and purchasing available criminal court records.

Mail Access:

Alternatively, requesting parties can request Hawaii criminal court records via mail by simply downloading and completing a record request form. Interested parties are advised to contact the court clerk's office where the case was heard to inquire about the associated fees for record searches and copying.

Free Access to Criminal Court Records in Hawaii

Hawaii criminal court records can be accessed at no cost through several avenues provided by the state judiciary. Through remote portals like the eCourt Kokua, interested parties can search case dockets, which typically show filings and case progress in the appellate, circuit, and district courts. Each courthouse also maintains public access terminals, where visitors may view case information at no cost.

It is worth noting that while free access is available for case summaries, obtaining a case file or certified copy of a document typically requires a written request and payment of associated fees (circuit court costs, district court costs). However, courts may grant a fee waiver to individuals who are unable to afford these costs.

Sealing and Expungement of Criminal Court Records in Hawaii

Hawaiian law draws an essential distinction between expunging and sealing a criminal record. Although both remedies restrict access to criminal records, they differ in their legal effect and scope. Sealing refers to a court order restricting public access to criminal records. It is worth noting that, although sealed records are not available to the public, they remain on file for the judiciary.

On the other hand, record expungement is a statutory process that involves erasing or modifying the official records of a conviction or an arrest.

How to Seal Criminal Court Records in Hawaii

Records of juvenile hearings are typically confidential and not available for public viewing per HRS § 571-84. Except the court orders otherwise, the act limits access to specific individuals, including the minor, their lawyer, and agencies concerned with the minor's welfare. There are certain exceptions, though. For instance, certain juvenile adjudication records may be made public under HRS § 571-84.6, especially when there have been major violations.

It is worth noting that juvenile records are not automatically purged or sealed; instead, under HRS § 571-88, interested individuals must petition the court for relief. Similarly, adult records are not automatically sealed and require a motion to be filed, especially if disclosure would cause specific harm or if the law mandates confidentiality.

A petitioner begins the sealing process by filing a motion to seal at the courthouse where the case was heard. The court, in turn, notifies the prosecutor and, where applicable, the victim. A hearing may be held to weigh the competing interests of privacy and the public's right to access court records. Upon finding a good cause, the judge will issue a written order sealing the file.

Interested parties are advised that filing fees and certification may be applicable; however, fee waivers may be available under Hawaii law or court rules for indigent applicants.

How to Expunge a Criminal Record in Hawaii

In Hawaii, individuals may apply for record expungement if their case did not lead to a conviction, as per HRS § 831-3.2. However, it is important to note that specific exceptions exist, including certain deferred pleas and arrests linked to bail forfeiture. Further, particular waiting periods may be applicable. The following cases are eligible for record expungement in Hawaii:

• Individuals who were arrested but acquitted
• Certain first-time drug possession cases
• Individuals who have entered a deferred acceptance of guilty (DAG) or deferred acceptance of no contest (DANC) plea

Expungement also applies to certain convictions, such as first-time nonviolent drug or property offenses (HRS §§ 706-622.5, 706-622.9) and underage DUI (HRS § 291E-0064(e). However, it is not an option for serious violent crimes, repeat offenses, or convictions that pose a public safety threat.

To expunge a criminal record in Hawaii, eligible individuals must complete the HCDJC application form and submit it to the Attorney General's Office, Criminal Justice Data Center (CJDC). The process also requires providing fingerprints and paying a filing fee, which is currently $35 for first-time expungements and $50 for subsequent expungements.

If the application pertains to an eligible conviction, a court order granting the expungement must be attached; otherwise, the application will be denied. For eligible non-conviction cases, the Attorney General will issue an expungement order. This order removes the applicant's arrest records from both the arresting agency and the statewide repository.

Criminal Records in Hawaii vs Court Records

In Hawaii, criminal records and court records refer to two different documents. Criminal records are generally statewide histories maintained by Hawaii's Criminal Justice Data Center (HCJDC) under the supervision of the Attorney General. They include arrest records, charges, dispositions, and other details often used for background checks and law enforcement purposes.

Criminal court records, on the other hand, are created during the legal prosecution of cases in the Hawaii courts. They contain details such as motions, dockets, orders, and judgments. Criminal records provide an individual's overall criminal history, while court records document the judicial process of a specific case.

Requesting a Hawaii Criminal History Record

In Hawaii, criminal history records are classified as public records when they involve convictions, or acquittals or dismissals due to physical or mental disease, disorder, or defect under Chapter 704, HRS. These are disclosed to the public at various designated public access sites for a fee ($25 for each printed copy) or through the Adult Criminal Conviction Information (eCrim) website.

To use the eCrim portal, users must create an account. After this, a search can be performed using a person's full name, Social Security number, gender, or date of birth. The system requires $5 per unique search and $12 for an official eCrim report.

Arrest records that resulted in non-convictions or are still pending are deemed confidential and are not provided to the general public.

How to Request a Hawaii State Background Check

Individuals interested in Hawaii State background checks are required to complete the HCJDC-073 form and submit it either by mail or in person to the Hawaii Criminal Justice Data Center (HCJDC) at the address below. Depending on the kind of search, the requester is required to fill in data relevant to a name-based search or fingerprint check.

Applicants should also note that, depending on the search type, specific associated fees must be paid for the application to be processed. Once processed, results may be delivered in person, by mail, or electronically. Because fingerprint-based checks are far more accurate than name-based searches, most agencies require them for official background screening.

Active vs Archived Criminal Cases in Hawaii

In Hawaii, active criminal cases are those currently progressing through the justice system. The public can typically access these records on court calendars, online portals, and public terminals, allowing real-time tracking of hearings, filings, and case outcomes.

Archived cases, on the other hand, refer to older cases that have been settled or closed. These cases have been transferred to an archives center for long-term storage. Archived cases often require written requests to the court clerk's office, and retrieval may take longer compared to active case files.